Southern Railway Co. v. Yancey
Supreme Court of Alabama
Appeal from tlie City Court of Birmingham. Tried before the Horn Wm. W. Wilkerson. This action was brought by the appellee, W. A. Yan-cey, against the appellant, the Southern Railway Company, and sought, to recover damages for personal injuries sustained by the plaintiff by reason of being run over by a locomotive engine operated by the defendant on its railroad. The complaint, as amended, contained thirteen (13) counts.
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Appeal from tlie City Court of Birmingham. Tried before the Horn Wm. W. Wilkerson. This action was brought by the appellee, W. A. Yan-cey, against the appellant, the Southern Railway Company, and sought, to recover damages for personal injuries sustained by the plaintiff by reason of being run over by a locomotive engine operated by the defendant on its railroad. The complaint, as amended, contained thirteen (13) counts. A demurrer was sustained to the second count, and after tile-introduction of all the evidence, the court at the written request of thei defendant, gave the general…
1Opinion of the CourtTyson, J.
Counts one and eleven of the complaint are in trespass and not in case. They count upon the willful and wanton, act of defendant corporation, and not upon the wrongs committed by its servants. Their averments are not supported by evidence showing that the injury complained of was inflicted by the servants of defendant in charge of the train that struck plaintiff, even if it be assumed that their acts were willful or wanton.
Written charges requested by defendant that the1 jury cannot find a verdict for plaintiff under these' counts should, therefore, have been given. — Sou. Bell Tel. Co. v.…
2Cases cited2 opinions
- Southern Bell Telephone Co. v. FrancisSupreme Court of Alabama · 1895
- Alabama Construction Co. v. Wagnon Bros.Supreme Court of Alabama · 1902
3Cited by8 opinions
- Birmingham Ry. Light & Power Co. v. MooreSupreme Court of Alabama · 1906
- Butler v. OlshanSupreme Court of Alabama · 1966
- Dewey Doucet v. Stanley H. MiddletonCourt of Appeals for the Fifth Circuit · 1964
- Alabama Power Co. v. GoochSupreme Court of Alabama · 1930
- Alabama Power Co. v. Armour & Co.Supreme Court of Alabama · 1921
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