People's Home Tel. Co. v. Cockrum
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Crowe. Action by Charles C. Cockrum against the People’s Home Telephone Company for damages for injuries to his wife. From a judgment for plaintiff, defendant appeals. Cockrum’s wife, while passing along Nineteenth street in Birmingham, came in contact with a wire hanging down from one of appellant’s telephone poles, and was greatly shocked thereby.
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Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Crowe. Action by Charles C. Cockrum against the People’s Home Telephone Company for damages for injuries to his wife. From a judgment for plaintiff, defendant appeals. Cockrum’s wife, while passing along Nineteenth street in Birmingham, came in contact with a wire hanging down from one of appellant’s telephone poles, and was greatly shocked thereby. The questions raised on the pleading are those discussed in the opinion. The court charged: “It was the duty of the defendant company to use á guard wire or other reasonable means…
1Opinion of the CourtAnderson, J.
Mr. Sutherland, in discussing the right to recover exemplary damages for personal injuries, in section 1253, vol. 3, of his work on Damages, says: “Where the action is brought by one who suffered the injury in his own person, exemplary damages may be allowed, where the doctrine of such damages prevails, if the wrong was done with malice, or - with reckless indifference to consequences.” Prior to the present married woman’s law, which was enacted in 1887, the wife could not sue alone for personal injuries, but had to sue jointly with her husband and for his sole benefit, and it may be that, as…
2Cases cited10 opinions
- Hyatt v. AdamsMichigan Supreme Court · 1867
- B'ham Ry. L. & P. Co. v. CockrumSupreme Court of Alabama · 1912
- Birmingham Southern Railway Co. v. LintnerSupreme Court of Alabama · 1904
- Bube v. Birmingham Railway, Light & Power Co.Supreme Court of Alabama · 1903
- Holleman v. . HarwardSupreme Court of North Carolina · 1896
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Betts v. WardSupreme Court of Alabama · 1916
- Parker v. NewmanSupreme Court of Alabama · 1917
- Hughey v. AusbornSupreme Court of South Carolina · 1967
- Sheats v. BowenDistrict Court, D. Delaware · 1970
- Price v. Southern Ry. Co.Supreme Court of Alabama · 1985
7 more not listed; retrieve them via the Exa API.