Government Street R. R. v. Hanlon
Supreme Court of Alabama
Appeal from Circuit Court of Mobile. Tried before Hon. John Elliott. This was an action commenced on the first day of October, 1869, by Edward Hanlon, a minor, by his father Charles Hanlon, as next friend, against the Government Street Bail-road Company, to recover damages for personal injuries to said Edward, alleged to have been occasioned by the negligence of the defendant, in running a car, drawn by animals, on defendant's road.
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Appeal from Circuit Court of Mobile. Tried before Hon. John Elliott. This was an action commenced on the first day of October, 1869, by Edward Hanlon, a minor, by his father Charles Hanlon, as next friend, against the Government Street Bail-road Company, to recover damages for personal injuries to said Edward, alleged to have been occasioned by the negligence of the defendant, in running a car, drawn by animals, on defendant's road. Charles Hanlon having died, Mary Hanlon, mother of said minor, was admitted and allowed to prosecute the suit as next friend, and leave was given to amend by…
1Opinion of the CourtBrickell, C. J.
The demurrers to the complaint, original and amended, were properly overruled. The action corresponds to the common law action of trespass on the case, for the recovery of damages for personal injuries sustained by the plaintiff, in consequence of the negligence of the defendant and its servants. The injury the plaintiff suffered — the manner in which it was produced, and the negligence imputed to the defendant as its cause, are stated with sufficient certainty. The allegation that the injury happened in consequence of the negligence of the defendant, implies that there was no negligence on…
2Cases cited7 opinions
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- Stokes v. SaltonstallSupreme Court of the United States · 1839
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- Steele v. BurkhardtMassachusetts Supreme Judicial Court · 1870
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