Town of Athens v. Miller
Supreme Court of Alabama
Appeal from Limestone Circuit Court. Heard before Hon. D. W. Speaks. Action by May M. Miller, as administratrix, against tbe town of Athens for damages for the death of her intestate. Judgment for plaintiff, and defendant appeals. The pleadings and the facts sufficiently appear in the opinion. The following is the order for the adjourned term: Whereas, this term of this court expires by limitation of law at 12 p. m.
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Appeal from Limestone Circuit Court. Heard before Hon. D. W. Speaks. Action by May M. Miller, as administratrix, against tbe town of Athens for damages for the death of her intestate. Judgment for plaintiff, and defendant appeals. The pleadings and the facts sufficiently appear in the opinion. The following is the order for the adjourned term: Whereas, this term of this court expires by limitation of law at 12 p. m. Saturday, January 18, 1913; and whereas, there is now on trial in this court, unfinished, the case of May M. Miller, as administratrix, etc., v. Town of Athens; and whereas it is…
1Opinion of the CourtMayfield, J.
The action is under the homicide statute, to recover damages for wrongful death. The town of Athens operates an electric light plant, for the purpose of furnishing electric lights to the public. The complaint alleges, and the proof practically without dispute shows, that intestate met his death by a powerful and dangerous current of electricity passing through his body while he was attempting to turn on an incandescent burner, which' was furnished by the town to the intestate or his company in his or its capacity as a customer.
Various theories are advanced as to the cause of this heavy charge…
2Cases cited12 opinions
- Alabama City G. & A. Ry. Co. v. AppletonSupreme Court of Alabama · 1911
- Holland v. StateSupreme Court of Alabama · 1909
- City of Bessemer v. Bessemer City Water WorksSupreme Court of Alabama · 1907
- Reid v. StateSupreme Court of Alabama · 1875
- Anderson v. City of BirminghamSupreme Court of Alabama · 1912
7 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- State Docks Commission v. BarnesSupreme Court of Alabama · 1932
- State Ex Rel. Wilkinson v. MurphySupreme Court of Alabama · 1939
- Brown v. Mobile Electric Co.Supreme Court of Alabama · 1921
- Alabama Power Co. v. BerrySupreme Court of Alabama · 1950
- Herston v. WhitesellSupreme Court of Alabama · 1977
24 more not listed; retrieve them via the Exa API.