Decatur Car Wheel & Manufacturing Co. v. Mehaffey
Supreme Court of Alabama
Arread from the City Court of Birmingham. Tried before the Hon. W. W. Wilkerson. This action was brought by Elmira Mehaffey, administratrix of the estate of H. W. Mehaffey, against the Decatur Car Wheel & Manufacturing Company, a corporation; and sought to recover damages for the alleged negligent killing of plaintiff’s intestate, claiming |25,000 therefor. The complaint as amended contained twenty-two counts.
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Arread from the City Court of Birmingham. Tried before the Hon. W. W. Wilkerson. This action was brought by Elmira Mehaffey, administratrix of the estate of H. W. Mehaffey, against the Decatur Car Wheel & Manufacturing Company, a corporation; and sought to recover damages for the alleged negligent killing of plaintiff’s intestate, claiming |25,000 therefor. The complaint as amended contained twenty-two counts. All of these counts, except the second and fourth, were eliminated from the consideration of the count on this appeal, by reason of the rulings of the court below. . • The plaintiff’s…
1Opinion of the CourtDowdell, J.
The plaintiff sues as administratrix to recover damages for an injury to her intestate resulting in his death caused by the alleged negligence of ¡the defendant’s superintendent, one Stevens. The complaint contained some twenty or more counts. All of these counts but two, the second and the fourth, have been eliminated by the ladings of the court below. Demurrers to the second and fourth counts were •overruled by the court, and on these two counts a trial was had, resulting in a verdict -and judgment for the plaintiff, and from this- judgment the present appeal is prosecuted.
The injury…
2Cases cited3 opinions
- Western Railway of Alabama v. MutchSupreme Court of Alabama · 1892
- Louisville & Nashville Railroad v. TrammellSupreme Court of Alabama · 1890
- Alabama Mineral Railroad v. JonesSupreme Court of Alabama · 1896
3Cited by32 opinions
- Reiter-Connolly Mfg. Co. v. HamlinSupreme Court of Alabama · 1906
- Alabama Power Co. v. BassSupreme Court of Alabama · 1928
- Colvin v. StateSupreme Court of Alabama · 1945
- Birmingham Railway, Light & Power Co. v. MurphyAlabama Court of Appeals · 1911
- Capital Security Co. v. OwenSupreme Court of Alabama · 1916
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