McGehee v. McCarley
Court of Appeals for the Fifth Circuit
Writ of Error to the Circuit Court of the United States for |he Northern District of Alabama. Zuma Allred, a child seven years of age, having been run over and killed at Belle Mina, Ala., by a train of the Memphis & Charleston .Railroad Company, Andrew J. McCarley was appointed administrator of her estate by the probate court of Blount county, Ala.
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Writ of Error to the Circuit Court of the United States for |he Northern District of Alabama. Zuma Allred, a child seven years of age, having been run over and killed at Belle Mina, Ala., by a train of the Memphis & Charleston .Railroad Company, Andrew J. McCarley was appointed administrator of her estate by the probate court of Blount county, Ala. As administrator, be theu brought suit in the circuit court of Morgan county, Ala., against the receivers of the Memphis & Charleston Railroad Company, for $10,000 damages for-the alleged tortious killing of the decedent. The suit was removed by…
1Opinion of the CourtParlange, District Judge
(after stating the facts as above). It appears to v. that the gravamen of the complaint of the plaintiffs in error consists of the alleged invalidity of the appointment of the administrator who brought this suit, the refusal of the trial court to direct a verdict against the plaintiff below, the refusal to give a special charge concerning the good character of the depot agent charged with the assault upon the mother of the decedent, and the refusal to restrict the jury to compensatory damages. As to the first three of those matters, we are of opinion that the lower court did not err.
The…
2Cases cited3 opinions
- Lake Shore & Michigan Southern Railway Co. v. PrenticeSupreme Court of the United States · 1893
- Williams v. South & North Ala. RailroadSupreme Court of Alabama · 1890
- Pittsburgh, C., C. & St. L. Ry. Co. v. RussCourt of Appeals for the Seventh Circuit · 1893
3Cited by11 opinions
- Mecom v. Fitzsimmons Drilling Co.Supreme Court of the United States · 1931
- Meehan v. Central Railroad Company of New JerseyDistrict Court, S.D. New York · 1960
- Mesker v. BishopIndiana Court of Appeals · 1913
- Mitnick v. Whalen Brothers, Inc.Supreme Court of Connecticut · 1932
- Ridgeland Box Mfg. Co. v. Sinclair Refining Co.District Court, E.D. South Carolina · 1949
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