Montgomery Light Water Power Co. v. Thombs
Supreme Court of Alabama
Appeal from Circuit Court, Montgomery County; W. L. Martin, Judge. Action by Jessie Boggs Thombs, as administrator, against the Montgomery Light & Water Power Company for damages for the death of lier intestate. Judgment for the plaintiff, and defendant appeals.
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Appeal from Circuit Court, Montgomery County; W. L. Martin, Judge. Action by Jessie Boggs Thombs, as administrator, against the Montgomery Light & Water Power Company for damages for the death of lier intestate. Judgment for the plaintiff, and defendant appeals. Affirmed on condition that plaintiff enter a remittitur reducing the judgment from $25,000 to $15,000. The second count of the complaint, to which demurrers were interposed and overruled, is in the following words: “Plaintiff, as administratrix of the estate of John A. Thombs, deceased, claims of the defendant the sum of $50,000 as…
1Opinion of the CourtBrown, J.
[1, 2] In stating a cause of action in negligence cases under our system of pleading, as a predicate for a general averment of negligence and to withstand appropriate demurrers, it is essential that the complaint show by affirmative averments a condition or state of facts which as a matter of law imposes on the defendant a duty toward the party injured. B. R., L. & P. Co. v. Cochrun, 179 Ala. 372, 60 South. 304; W. Ry. Co. of A. v. Madison, 16 Ala. App. 588, 60 South. 162; Kilgore v. B. R., L. & P. Co., 200 Ala. 238, 75 South. 996. When this is" shown, a general averment of negligence is…
2Cases cited20 opinions
- Birmingham Railway, Light & Power Co. v. GonzalezSupreme Court of Alabama · 1913
- Best Park & Amusement Co. v. RollinsSupreme Court of Alabama · 1915
- Eiland v. StateSupreme Court of Alabama · 1875
- B'ham Ry. L. & P. Co. v. CockrumSupreme Court of Alabama · 1912
- Birmingham Southern R. Co. v. GoodwynSupreme Court of Alabama · 1919
15 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Burlington Northern Railroad v. WoodsSupreme Court of the United States · 1987
- United States Fidelity & Guaranty Co. v. MillonasSupreme Court of Alabama · 1921
- American Ry. Express Co. v. ReidSupreme Court of Alabama · 1927
- Morgan Hill Paving Co. v. FonvilleSupreme Court of Alabama · 1928
- Alabama Power Co. v. BerrySupreme Court of Alabama · 1950
40 more not listed; retrieve them via the Exa API.