Aldrich v. Tyler Grocery Co.
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; Horace C. Wilkinson, Judge. Action by A. L. Aldrich, as administrator of the estate of Minnie Aldrich, against the Tyler Grocery Company and J. K. Shook, for damages for the death of plaintiff’s intestate. After demurrer for misjoinder of defendants ■ was sustained, defendant Shook was eliminated by an amended complaint. Judgment for remaining defendant, and plaintiff appeals.
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Appeal from Circuit Court, Jefferson County; Horace C. Wilkinson, Judge. Action by A. L. Aldrich, as administrator of the estate of Minnie Aldrich, against the Tyler Grocery Company and J. K. Shook, for damages for the death of plaintiff’s intestate. After demurrer for misjoinder of defendants ■ was sustained, defendant Shook was eliminated by an amended complaint. Judgment for remaining defendant, and plaintiff appeals. There was no misjoinder of causes of action or parties. 198 Ala. 90, 73 South. 436; .59 Ala. 454; 100 Ala. 511, 14 South. 401; 104 Ala. 537, 16 South. 629; 197 Ala. 512, 73…
1Opinion of the CourtMcCLELLAN, J.
This' action for damages, stated in count 1, for the death of - Mrs: Aldrich, was instituted by appellant, adininistrator, against Tyler Grocery Company and J. K. Shook, the grocery company’s “city salesman.” Mrs. Aldrich was killed in a public street in Birmingham by her collision with an automobile driven by Shook. Omitting presently immaterial language, this count reads:
“The plaintiff * * * claims of the defendants, J. K. Shook and Tyler Grocery Company, a corporation, * * * damages for that, heretofore, on, to wit, February 2, 1920, while plainr tiff’s intestate, Minnie Aldrich, was a…
2Cases cited12 opinions
- Louisville & Nashville R. R. v. AbernathySupreme Court of Alabama · 1916
- Harris v. McNamaraSupreme Court of Alabama · 1892
- Lookout Mountain Iron Co. v. LeaSupreme Court of Alabama · 1906
- Southern Railway Co. v. HanbySupreme Court of Alabama · 1910
- Warrior-Pratt C. Co. v. SheredaSupreme Court of Alabama · 1913
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- Henkelmann v. Metropolitan Life InsuranceCourt of Appeals of Maryland · 1942
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