McAdory v. Louisville & Nashville Railroad
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This action was brought by the personal representative of the estate of W. E. Beavers, deceased, against the defendant corporation, to recover damages for the death of his intestate, which was alleged to have been caused b3^ negligence on the part of the defendant’s servants while said intestate was in its employment as a switchman; and was commenced on the 9th ■September, 1890. Issue being joined…
Read the full summary
Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This action was brought by the personal representative of the estate of W. E. Beavers, deceased, against the defendant corporation, to recover damages for the death of his intestate, which was alleged to have been caused b3^ negligence on the part of the defendant’s servants while said intestate was in its employment as a switchman; and was commenced on the 9th ■September, 1890. Issue being joined on the plea of not guilty, the jury gave plaintiff a verdict for $9,395.95; but the court set aside this verdict, on…
1Opinion of the CourtClopton, J.
— Under the statute which entitles the personal representative of an employé, whose death is caused by the negligence of the employer, to maintain an action, the measure of recoverable damages established by this court is the money value of the life. The recovery is limited to actual compensation for the pecuniary loss suffered by those entitled to inherit his estate according to the statutes of distribution, allowing nothing for the pain which the deceased may be supposed to have suffered, or as solace to the grief of surviving relations. — James v. R. & D. R. R. Co., 92 Ala. 231. The courts…
2Cases cited6 opinions
- Chicago & Northwestern Railway Co. v. BayfieldMichigan Supreme Court · 1877
- Houston & T. C. R'y Co. v. CowserTexas Supreme Court · 1881
- Louisville & Nashville Railroad v. OrrSupreme Court of Alabama · 1890
- Louisville & Nashville Railroad v. TrammellSupreme Court of Alabama · 1890
- Rose v. Des Moines Valley R.Supreme Court of Iowa · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Murray v. Philadelphia Transportation Co.Supreme Court of Pennsylvania · 1947
- Florida East Coast Railway Co. v. HayesSupreme Court of Florida · 1914
- Alabama Great Southern Railroad v. HallSupreme Court of Alabama · 1894
- Reiter-Connolly Mfg. Co. v. HamlinSupreme Court of Alabama · 1906
- Bromley v. Birmingham Mineral RailroadSupreme Court of Alabama · 1891
17 more not listed; retrieve them via the Exa API.