Legal Opinion

Randle v. Birmingham Railway, Light & Power Co.

Supreme Court of Alabama

Decided December 1, 1910PublishedCited by 48 opinions

Damages for Injury to Person on Trade. Appeal from Birmingham City Court-. Heard before Hon. C. W. Ferguson. Action by William J. Randle, as administrator, against the Birmingham Railway, Light & Power Company. Judgment for plaintiff in the sum of |500, and he appeals.

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Damages for Injury to Person on Trade. Appeal from Birmingham City Court-. Heard before Hon. C. W. Ferguson. Action by William J. Randle, as administrator, against the Birmingham Railway, Light & Power Company. Judgment for plaintiff in the sum of |500, and he appeals. The following charges were given for the defendant: (1) “If, after a consideration of all the evidence, the jury should determine to award plaintiff damages, they cannot, in estimating the amount, consider the pecuniary value of the life of Randle, but can only award damages by way of punishment to the defendant; and if the…

1Opinion of the CourtMcCLELLAN, J.

Previous appeals of this case will be found in 149 Ala. 539, 43 South. 355, and 158 Ala. 532, 48 South. 114. This appeal is prosecuted by the plaintiff, from a judgment in his favor for $500 damages. Under the direct authority of Donovan v. S. & N. R. R. Co., 79 Ala. 429, and Carrington v. L. & N. R. R. Co., 88 Ala. 472, 6 South. 910, “we wall not consider as revisable error any ruling of the primary court bearing merely on the naked question of the.defendant’s liability, and not affecting the amount of the damages recovered, however erroneous it may be in fact, because, if error, such ruling…

2Cases cited13 opinions

  1. Richmond & Danville Railroad v. FreemanSupreme Court of Alabama · 1892
  2. Louisville & Nashville Railroad v. YoungSupreme Court of Alabama · 1907
  3. Louisville & Nashville R. R. v. StreetSupreme Court of Alabama · 1909
  4. Alabama Great Southern Railroad v. JonesSupreme Court of Alabama · 1882
  5. Coleman v. PepperSupreme Court of Alabama · 1909

8 more not listed; retrieve them via the Exa API.

3Cited by48 opinions

  1. Birmingham Southern R. Co. v. HarrisonSupreme Court of Alabama · 1919
  2. Boyette v. BradleySupreme Court of Alabama · 1924
  3. Karpeles v. City Ice Delivery Co.Supreme Court of Alabama · 1916
  4. State v. JefferiesSupreme Court of South Carolina · 1994
  5. Brooks v. HornbeckCourt of Appeals of Texas · 1925

43 more not listed; retrieve them via the Exa API.

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