Wise v. Curl
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. C. C. Nesmiti-i. Action by Mary Wise as administratrix against J. N, Curl and others, for damages for killing her intestate by shooting him. Judgment for defendants and plaintiff appeals. Counsel discuss assignments of error, but without citation of authority.
1Opinion of the CourtSayre, J.
Plaintiff in error sued the defendants for wrongfully shooting and killing her intestate. The allegation of the second count was that “the death of her intestate was caused by the wrongful act of the defendants, their agents or employees.” One is not responsible for the wrongful acts of his agents or employees unless done within the line or scope of their assigned duties. The count failed to aver a case of defendants’ responsibility for the act of their agents or servants, and the demurrer was properly sustained.
After the plaintiff had rested her case, the court on motion excluded the…
2Cited by20 opinions
- Parker v. AmersonSupreme Court of Alabama · 1987
- Morrison v. ClarkSupreme Court of Alabama · 1916
- Athey v. Tennessee Coal, Iron & Railway Co.Supreme Court of Alabama · 1915
- Alaga Coach Line, Inc. v. McCarrollSupreme Court of Alabama · 1933
- Dorough v. Alabama Great Southern R. Co.Supreme Court of Alabama · 1930
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