Louisville & Nashville Railroad v. Sharp
Supreme Court of Alabama
Appeal from Wilcox Circuit Court. Heard before Hon. B. M. Miller. Action by John T. Sharp against the Louisville & Nashville Railroad Company, for damages for injuries while engaged in its employment. Judgment for plaintiff and defendant appeals.
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Appeal from Wilcox Circuit Court. Heard before Hon. B. M. Miller. Action by John T. Sharp against the Louisville & Nashville Railroad Company, for damages for injuries while engaged in its employment. Judgment for plaintiff and defendant appeals. The count attempting to charge wilfulness is at best a count in simple negligence only. —B. R. L. & P. Go. v. Wright, 153 Ala. 99. The court, therefore, erred in sustaining the demurrers to the pleas of contributory negligence on that ground. The court erred in sustaing demurrers to plea 13. — T. G. I & R. R. Go. v. Herndon, 100 Ala. 451. Counsel…
1Opinion of the CourtSayre, J.
In framing' count C it was most likely the purpose of the pleader to state a case of intentional or wanton injury. The demurrer took the point that the count involved inconsistencies. It does fail to observe the distinction between intentional wrong and that wantonness which is the equivalent of intentional wrong, on one hand, and mere negligence or inadvertance, implying the absence of mental action in respect to the thing done, on the other. But nothing more need be said of the ruling on demurrer to the count, since that ruling is not assigned for error.
However, rulings of the court upon…
2Cases cited5 opinions
- Louisville & Nashville Railroad v. OrrSupreme Court of Alabama · 1898
- Woodward Iron Co. v. AndrewsSupreme Court of Alabama · 1896
- Western Union Tel. Co. v. ClevelandSupreme Court of Alabama · 1910
- Martin v. Union Spring's & Northern Railway Co.Supreme Court of Alabama · 1909
- Briggs v. Tennessee C. I. & R. R.Supreme Court of Alabama · 1909
3Cited by7 opinions
- Western Ry. v. FosheeSupreme Court of Alabama · 1913
- Central of Ga. Ry. Co. v. ChambersSupreme Court of Alabama · 1912
- Western Railway v. TurrentineSupreme Court of Alabama · 1916
- Pratt Consolidated Coal Co. v. DavidsonSupreme Court of Alabama · 1911
- Interstate Amusement Co. v. MartinAlabama Court of Appeals · 1913
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