L. & N. R. R. v. Perkins
Alabama Court of Appeals
Appeal from Escambia Circuit Court. Heard before Hon. J. O. Richardson. Action by W. L. Perkins, as administrator of the estate of Isaac R. Dykes, deceased, against the Louisville & Nashville Railroad Company.
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Appeal from Escambia Circuit Court. Heard before Hon. J. O. Richardson. Action by W. L. Perkins, as administrator of the estate of Isaac R. Dykes, deceased, against the Louisville & Nashville Railroad Company. Judgment for plaintiff in the court below, and defendant’s motion in that court to set off against plaintiff’s final judgment the judgments for costs rendered in its favor against plaintiff on appeals taken to the Supreme Court during the litigation was denied, and defendant appeals. Section 5861 of the Code provides that judgments can be set off against each other. The three respective…
1Opinion of the Court
de GBAFFENRIED, J.
Section 2486 of the Code of 1907 provides that “a personal representative may maintain an action and recover such damages as a jury may assess, for the Avrongful act, omission or negligence of any person or persons, or corporation, his or their servants, AA'hereby the death of the testator or intestate Avas caused, * * * and the damages recovered are not subject to the payment of the debts or liabilities of the intestate or testator, but must be distributed according to the statute of distributions.”
The damages recovered under the above act do not go to the husband, wife, or…
2Cases cited11 opinions
- South & North Alabama Railroad v. SullivanSupreme Court of Alabama · 1877
- Richmond & Danville Railroad v. FreemanSupreme Court of Alabama · 1892
- Savannah & Memphis Railroad v. ShearerSupreme Court of Alabama · 1877
- Lovell v. DeBardelaben Coal & Iron Co.Supreme Court of Alabama · 1890
- Buckalew v. Tennessee Coal, Iron & RailroadSupreme Court of Alabama · 1895
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Alabama Power Co. v. StognerSupreme Court of Alabama · 1922
- Hamrick v. Town of AlbertvilleSupreme Court of Alabama · 1934
- Hardin v. SellersSupreme Court of Alabama · 1960
- Sparks v. Southeastern Greyhound LinesDistrict Court, N.D. Mississippi · 1959
- Louisville N. R. Co. v. EcholsSupreme Court of Alabama · 1925
4 more not listed; retrieve them via the Exa API.