Payne v. Smitherman
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; J. C. B. Gwin, Judge. Action by O. gmitherman, filed originally against William G. McAdoo, as Director General of Railroads, operating the Louisville & Nashville Railroad. James Barton Payne was substituted as Director General. Judgment for the plaintiff, and defendant appeals.
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Appeal from Circuit Court, Jefferson County; J. C. B. Gwin, Judge. Action by O. gmitherman, filed originally against William G. McAdoo, as Director General of Railroads, operating the Louisville & Nashville Railroad. James Barton Payne was substituted as Director General. Judgment for the plaintiff, and defendant appeals. The following is count 3, on which the case went to the jury: “Count 3. Plaintiff claims of defendant $3,-000 damages for that heretofore on, to wit, December 12, 1918, Wm. G. McAdoo, as Director General of Railroads, was engaged in the operation of the trains propelled by…
1Opinion of the CourtSomerville, J.
[1] The action is for personal injuries suffered by plaintiff in a collision with defendant’s train of cars at a public road crossing. The complaint contains several counts declaring on simple negligence, which were eliminated from consideration by the trial court, and the cause was submitted to tbe jury on count 3 only, declaring upon wanton negligence, and claiming damages for various injuries enumerated.
Count 3 is clearly sufficient as a wanton count, and is not subject to any of the grounds of demurrer. M. & C. R. Co. v. Martin, 117 Ala. 367, 23 South. 231; So. Ry. Co. v. Crenshaw, 136…
2Cases cited7 opinions
- Memphis & Charleston Railroad v. MartinSupreme Court of Alabama · 1897
- Clinton Mining Co. v. BradfordSupreme Court of Alabama · 1917
- City of San Antonio v. San Antonio Public Service Co.Supreme Court of the United States · 1921
- Weatherly v. Nashville, Chattanooga & St. Louis RailwaySupreme Court of Alabama · 1909
- Southern Railway Co. v. CrenshawSupreme Court of Alabama · 1902
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Davis v. SmithermanSupreme Court of Alabama · 1923
- Marigold Coal, Incorporated v. ThamesSupreme Court of Alabama · 1962
- Allen v. Birmingham Southern R. Co.Supreme Court of Alabama · 1923
- Thrasher v. DarnellSupreme Court of Alabama · 1963
- Howard v. DavisSupreme Court of Alabama · 1923
4 more not listed; retrieve them via the Exa API.