Vessel v. Seaboard A. L. Ry. Co.
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Crowe. Action by Mary Alice Vessel and others, as administrators, against the Seaboard Air Line Railway Company. From a judgment for defendant, plaintiffs appeal.
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Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Crowe. Action by Mary Alice Vessel and others, as administrators, against the Seaboard Air Line Railway Company. From a judgment for defendant, plaintiffs appeal. Plaintiffs’ intestate was an assistant hostler on the Southern Railway engine, which was pulling a dead passenger train, and was killed in a collision between his engine and the Seaboard Air Line switch engine, at a crossing of the two roads near the terminal station of Birmingham. The case was submitted to the jury on the second and third counts. The second count charges…
1Opinion of the CourtSomerville, J.
The distinction between the mental attitudes which respectively characterize wanton negligence and willful injury has been often discussed and clearly stated in the reported decisions of this court, and repetition is unnecessary. — L. & N. R. R. Co. v. Calvert, 170 Ala. 565, 54 South. 184; Adler v. Martin, 179 Ala. 97, 59 South. 597; Southern Ry. Co. v. Benefield, 172 Ala. 588, 55 South. 252, 35 L. R. A. (N. S.) 420, wherein the cases are collected.
It is to be noted, however, that the terms “wanton” and “willful” relate primarily to the resulting injury, rather than to the mere act or…
2Cases cited15 opinions
- Memphis & Charleston Railroad v. MartinSupreme Court of Alabama · 1897
- Birmingham Railway & Electric Co. v. BowersSupreme Court of Alabama · 1895
- Louisville & Nashville Railroad v. OrrSupreme Court of Alabama · 1898
- Louisville & Nashville Railroad v. AnchorsSupreme Court of Alabama · 1896
- Adler v. MartinSupreme Court of Alabama · 1912
10 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Gallegher v. DavisSuperior Court of Delaware · 1936
- Louis Pizitz Dry Goods Co. v. CusimanoSupreme Court of Alabama · 1921
- Young v. Woodward Iron Co.Supreme Court of Alabama · 1927
- Grauer v. Alabama Great Southern R. Co.Supreme Court of Alabama · 1923
- Austin v. Tennessee Biscuit Co.Supreme Court of Alabama · 1951
8 more not listed; retrieve them via the Exa API.