Shepard v. Louisville N. R. Co.
Supreme Court of Alabama
Appeal from Circuit Court,. .Montgomery County; W. W. Pearson, Judge. Action by Willie B. Shepard against the Louisville & Nashville Railroad Company. From a judgment for defendant, plaintiff appealed.
1Opinion of the CourtThomas, J.
The case was tried on count 7, which charged a wanton injury inflicted in manner specifically alleged. The only assignment of error challenges the giving of the affirmative charge at defendant’s request in writing.
[1] To substantiate the charge of wantonness, it must be shown that the defendant, acting through his servants or agents, was conscious of the conduct that caused the injury, and conscious, from the knowledge of existing conditions, “that injury would likely or probably result from the conduct.” and that, “with reckless indifference to consequences,” such agents or servants…
2Cases cited22 opinions
- Birmingham Railway, Light & Power Co. v. DrennenSupreme Court of Alabama · 1911
- Memphis & Charleston Railroad v. MartinSupreme Court of Alabama · 1897
- Louisville & Nashville Railroad v. MarkeeSupreme Court of Alabama · 1893
- Glass v. Memphis & Charleston RailroadSupreme Court of Alabama · 1891
- Peters v. Southern Railway Co.Supreme Court of Alabama · 1902
17 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Boyette v. BradleySupreme Court of Alabama · 1924
- Feore v. TrammelSupreme Court of Alabama · 1924
- Birmingham Electric Co. v. TurnerSupreme Court of Alabama · 1941
- C. A. Thomas v. Atlantic Coast Line Railroad Company, R. O. Plank v. Atlantic Coast Line Railroad CompanyCourt of Appeals for the Fifth Circuit · 1955
- Simon v. GoodmanSupreme Court of Alabama · 1943
7 more not listed; retrieve them via the Exa API.