Jordan v. Ala. Great Southern Railroad
Supreme Court of Alabama
Appeal from the Circuit Court of St. Clair. Tried before the Hon. Leboy F. Box. This action was brought by Jule L. Jordan against the appellee, a domestic corporation, to recover damages for an alleged malicious prosecution ; and was commenced on the 10th April, 1882. The complaint contained two counts, each of which averred, in substance, that one William Lively, “who was a section boss on defendant’s railroad in said county of St. Clair, and whose duty and business it was,…
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Appeal from the Circuit Court of St. Clair. Tried before the Hon. Leboy F. Box. This action was brought by Jule L. Jordan against the appellee, a domestic corporation, to recover damages for an alleged malicious prosecution ; and was commenced on the 10th April, 1882. The complaint contained two counts, each of which averred, in substance, that one William Lively, “who was a section boss on defendant’s railroad in said county of St. Clair, and whose duty and business it was, under said employment, to act as agent for said defendant, in locking after its interest and repairing a certain…
1Opinion of the CourtBrickell, C. J.
— The judgment of the Circuit Court, sustaining the demurrers to the complaint, was doubtless in obedience to the decision in Owsley v. M. & W. P. R. R. Co., 37 Ala. 560, that while an .action of trespass for false iinpris*87onruent may be maintained against a corporation aggregate, an action on the case for a malicious prosecution can not be supported. The distinction between the two actions, which embodies the reason of the decision, then supposed to rest on the weight of authority, is thus stated : “ The distinction seems to be between acts injurious in their effects, and for which the actor…
2Cases cited6 opinions
- Carter v. Howe Machine Co.Court of Appeals of Maryland · 1879
- Key v. OstranderIndiana Supreme Court · 1867
- Williams v. Planters' Insurance Co.Mississippi Supreme Court · 1880
- Owsley v. Montgomery & West Point RailroadSupreme Court of Alabama · 1861
- Iron Mountain Bank v. Mercantile BankMissouri Court of Appeals · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Wheeler & Wilson Manufacturing Co. v. BoyceSupreme Court of Kansas · 1887
- Singer Manufacturing Co. v. TaylorSupreme Court of Alabama · 1907
- Southwestern Telegraph & Telephone Co. v. LongCourt of Appeals of Texas · 1915
- Central Railroad & Banking Co. v. SmithSupreme Court of Alabama · 1884
- Southern Car & Foundry Co. v. AdamsSupreme Court of Alabama · 1901
14 more not listed; retrieve them via the Exa API.