Richmond & Danville Railroad v. Freeman
Supreme Court of Alabama
Appeal from tlie Circuit Court of Jefferson. Tried, before tbe Hon. James B. Head. Tbis action was brought by the appellee, William Freeman, as administrator of the estate of John T. Freeman, deceased, for the wrongful killing of his intestate.
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Appeal from tlie Circuit Court of Jefferson. Tried, before tbe Hon. James B. Head. Tbis action was brought by the appellee, William Freeman, as administrator of the estate of John T. Freeman, deceased, for the wrongful killing of his intestate. The undisputed evidence shows that plaintiff’s intestate was a brakeman on the Birmingham Mineral B,ailroad, and that while the train on which he was brakeman was crossing the track of the defendant’s road, a train operated by the defendant collided with the Birmingham Mineral train and killed plaintiff’s intestate. The evidence further shows that…
1Opinion of the CourtMcCLELLAN, J.
— This is an action under section 2589 of the Code, sounding in damage for the death of plaintiff’s intestate alleged to have been caused by the negligence of the defendant. The question most elaborated by counsel for appellant, arises on the charge of the trial court as to the measure of damages and the mode of their assessment by the jury. The charge in this behalf was the following: “The measure of damages provided by this statute under which this action was brought is left to the sound discretion of the jury ; the statute is punitive in its aim and purpose, intended to punish defendants…
2Cases cited4 opinions
- Ga. Pacific Railway Co. v. LeeSupreme Court of Alabama · 1890
- South & North Alabama Railroad v. SullivanSupreme Court of Alabama · 1877
- Savannah & Memphis Railroad v. ShearerSupreme Court of Alabama · 1877
- East Tennessee, Virginia & Georgia Railroad v. KingSupreme Court of Alabama · 1886
3Cited by65 opinions
- Florida Central & Peninsular Railroad v. FoxworthSupreme Court of Florida · 1899
- Black Belt Wood Co., Inc. v. SessionsSupreme Court of Alabama · 1987
- Tatum v. Schering Corp.Supreme Court of Alabama · 1988
- Campbell v. WilliamsSupreme Court of Alabama · 1994
- Louis Pizitz Dry Goods Co. v. YeldellSupreme Court of the United States · 1927
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