Citizen's L. H. & P. Co. v. Lee
Supreme Court of Alabama
Appeal from Montgomery Circuit Court. Heard before Hon. W. W. Pearson. Action by Eugenia S. Lee, as administratrix against the Citizens’ Light, Heat & Power Company, for damages for the death of her intestate. Judgment for plaintiff, and defendant appeals.
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Appeal from Montgomery Circuit Court. Heard before Hon. W. W. Pearson. Action by Eugenia S. Lee, as administratrix against the Citizens’ Light, Heat & Power Company, for damages for the death of her intestate. Judgment for plaintiff, and defendant appeals. Count 2 is as follows: The plaintiff, as administratrix of the estate of J. H. Lee, Jr., deceased, claims of the defendant the sum of $25,000 as damages, for that, to wit, on November 26, 1910, the defendant was engaged in the business of operating in the city of Montgomery, Ala., an electric lighting plant or company, and on, to wit, said…
1Opinion of the CourtMayfield, J.
This is an action by an administratrix to recover damages for the wrongful death of her intestate. It is brought under the homicide provision of the Employers’ Liability Act (Code, § 3912), and not under the statute known as the Homicide Statute (Code, § 2486). As has been repeatedly decided by this court, the measure of damages, in actions brought under the one, is entirely different from that in actions brought under the other, statute. Under the one the damages are compensatory only, while under the other they are punitive only. That there is no reason for such a distinction has been…
2Cases cited25 opinions
- Birmingham Railway, Light & Power Co. v. DrennenSupreme Court of Alabama · 1911
- Louisville & Nashville Railroad v. OrrSupreme Court of Alabama · 1890
- Chybowski v. Bucyrus Co.Wisconsin Supreme Court · 1906
- Howard v. Beldenville Lumber Co.Wisconsin Supreme Court · 1906
- Stratton v. C. H. Nichols Lumber Co.Washington Supreme Court · 1905
20 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Wilson v. StateSupreme Court of Alabama · 1942
- Duke v. GainesSupreme Court of Alabama · 1932
- Nettles v. StateCourt of Criminal Appeals of Alabama · 1983
- Clinton Mining Co. v. BradfordSupreme Court of Alabama · 1917
- Jessup v. DavisNebraska Supreme Court · 1926
47 more not listed; retrieve them via the Exa API.