Cox v. Birmingham Railway Light & Power Co.
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. John H. Miller, Special Judge. Action by S. E. Cox as administratrix, against tbe Birmingham Railway, Light & Power Company, for causing the death of her intestate. There was judgment for plaintiff, and on motion the trial court set aside the judgment. From this order, plaintiff appeals. — It appears that the defendant was stimulated by the verdict to a' diligence which it should have exercised before the trial.
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Appeal from Jefferson Circuit Court. Heard before Hon. John H. Miller, Special Judge. Action by S. E. Cox as administratrix, against tbe Birmingham Railway, Light & Power Company, for causing the death of her intestate. There was judgment for plaintiff, and on motion the trial court set aside the judgment. From this order, plaintiff appeals. — It appears that the defendant was stimulated by the verdict to a' diligence which it should have exercised before the trial. K. G. M. & B. v. Phillips, 98 Ala. 159; Bayonne K. Gov. Umbenhauer, 107 Ala. 496; 11 Ency. P. & P. 823. The affidavits brought…
1Opinion of the Court
DOWDELL, O. J.
— This is an action for damages for the wrongful killing of the plaintiff’s intestate. The case was tried on the twenty-fourth, twenty-fiifth, and twenty-sixth counts of the complaint. Intentional or wanton wrong is alleged in the twenty-fourth count, while the twenty-fifth and twenty-sixth counts are based on simple negligence. In each of these counts the damages claimed are laid in the sum of $30,000. A verdict for the plaintiff was returned by the jury for $15,000. This verdict the trial court on motion of the defendant set aside and ordered a new trial; and it is from this…
2Cases cited3 opinions
- Cobb v. MaloneSupreme Court of Alabama · 1890
- Richmond & Danville Railroad v. FreemanSupreme Court of Alabama · 1892
- Coleman v. PepperSupreme Court of Alabama · 1909
3Cited by14 opinions
- Henderson by Hartsfield v. Alabama PowerSupreme Court of Alabama · 1993
- Gulsby v. Louisville & Nashville R. R.Supreme Court of Alabama · 1910
- Austin v. Tennessee Biscuit Co.Supreme Court of Alabama · 1951
- First Nat. Bank v. StewartSupreme Court of Alabama · 1920
- Green Tree Acceptance, Inc. v. DoanSupreme Court of Alabama · 1988
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