Williams v. South & North Ala. Railroad
Supreme Court of Alabama
Appeal from the Circuit Court of Chilton. Tried before the Hon. James R. Dowdell. This action was brought by Thos. H. Williams, against the-defendant railroad corporation, to recover damages for the-death of his minor son, Robert.
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Appeal from the Circuit Court of Chilton. Tried before the Hon. James R. Dowdell. This action was brought by Thos. H. Williams, against the-defendant railroad corporation, to recover damages for the-death of his minor son, Robert. L. Williams, who was killed ■while in j¡he defendant’s service as a brakeman; and was commenced on the 6th February, 1888. The complaint contained five counts, the first of which was founded on the; ■statute which gives the father an action for damages, when the death of his minor child “ is caused by the wrongful act, or omission, or negligence of any person or…
1Opinion of the CourtColeman, J.
The liability of the defendant for the wrongful injury or death of one of its employés, caused by .the wrongful act of a co-employé, results solely from statutory enactments. The cases in which a recovery may be maintained, are stated under section 2590 of the Code. When death results from such causes as fix a liability upon the employer, the statute provides that the personal representative of .the deceased may sue, and the amount recovered “ shall be distributed according to the statute of distributions.” It will be *637seen by a reference to the statute, that the right of action in such cases…
2Cases cited11 opinions
- Strauss v. MeertiefSupreme Court of Alabama · 1879
- Nesbit v. Town of GarnerSupreme Court of Iowa · 1888
- Town of Knightstown v. MusgroveIndiana Supreme Court · 1888
- Louisville, New Albany & Chicago Railway Co. v. GoodykoontzIndiana Supreme Court · 1889
- Pratt Coal & Iron Co. v. BrawleySupreme Court of Alabama · 1887
6 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Ewing v. Lanark Fuel Co.West Virginia Supreme Court · 1909
- White v. WardSupreme Court of Alabama · 1908
- Tennessee Coal, Iron & Railroad v. HerndonSupreme Court of Alabama · 1893
- Whitlow v. Nashville, Chattanooga & St. Louis Railway Co.Tennessee Supreme Court · 1904
- Mary Lee Coal & Railway Co. v. ChamblissSupreme Court of Alabama · 1892
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