Birmingham Railway, Light & Power Co. v. Chastain
Supreme Court of Alabama
Appear from Birmingliam City Court. Heard before Hon. C. C. Nesmiti-i. Action by Benjamin F. Chastain against lie Birmingham Railway, Light ■& Power Company for damages for loss of society and service of k minor son. From a judgment for plaintiff, defendant appeals.
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Appear from Birmingliam City Court. Heard before Hon. C. C. Nesmiti-i. Action by Benjamin F. Chastain against lie Birmingham Railway, Light ■& Power Company for damages for loss of society and service of k minor son. From a judgment for plaintiff, defendant appeals. Count 2 was as foliotes: “Plaintiff claims of defendant $5,000 as damages, for that heretofore, to wit, on the 20th day of August, 1905, defendant was a common carrier of passengers by means of a car operated by electricity upon a line of railway known as 'East Lake Railway’; that on said day'defend ant’s servants or agents on…
1Opinion of the CourtDenson, J.
This action is one by the father of a minor son against the defendant, as a common carrier of passengers, for the loss of the services and society of the son consequent upon injuries alleged to. have been occa*426sioned by the defendant’s conductor, in wantonly or intentionally throwing or causing to fall from one of the defendant's cars, while the same was in rapid motion, the said minor son. The first ground in the assignment of errors challenges the correctness of the judgment of the court in overruling a demurrer to the second count of the complaint.
It is first urged* as an objection to the…
2Cases cited21 opinions
- Ehrgott v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- City Delivery Co. v. HenrySupreme Court of Alabama · 1903
- Ihl v. Forty-Second Street & Grand Street Ferry RailroadNew York Court of Appeals · 1872
- Gulf, Colorado & Santa Fe Railway Co. v. McMannewitzTexas Supreme Court · 1888
- Birmingham Southern Railway Co. v. LintnerSupreme Court of Alabama · 1904
16 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Louisville & Nashville R. R. v. HollandSupreme Court of Alabama · 1911
- Morrison v. ClarkSupreme Court of Alabama · 1916
- Smith v. RichardsonSupreme Court of Alabama · 1965
- Missouri, K. & T. Ry. Co. v. HortonSupreme Court of Oklahoma · 1911
- Bradley v. WalkerSupreme Court of Alabama · 1922
10 more not listed; retrieve them via the Exa API.