Legal Opinion

Gandy v. Copeland

Supreme Court of Alabama

Decided June 10, 1920No. 6 Div. 987PublishedCited by 18 opinions

Appeal from Circuit Court, Jefferson County; G. B. Smith, Judge. Action by A. J. Gandy, as administrator the estate of Joseph Gandy, against John R. Copeland for damages for the death of his intestate. From a judgment sustaining demurrer to the complaint, plaintiff appeals. of As originally filed the complaint contained three counts.

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Appeal from Circuit Court, Jefferson County; G. B. Smith, Judge. Action by A. J. Gandy, as administrator the estate of Joseph Gandy, against John R. Copeland for damages for the death of his intestate. From a judgment sustaining demurrer to the complaint, plaintiff appeals. of As originally filed the complaint contained three counts. Count 1 alleges that on the 13th day of March, 1916, plaintiff’s intestate fell into an open well uninclosed on premises owned by defendant and was drowned in the water therein contained. It is averred that decedent lost his life as a proximate consequence of the…

1Opinion of the CourtThomas, J.

The appeal is from rulings sustaining demurrer to the complaint in its original form and as first amended and as last amended by the addition of counts K, Z, Z-l, Z-2, Z-3, and Z-4. Plaintiff declined to'plead further, and there was judgment for defendant.

The several counts may be classified as being for simple negligence, framed on the theory of the “turntable cases” (amended counts K, Z-l, Z-2), and for the willful, wanton, or intentional conduct of defendant (amended counts Z, Z-3, and Z-4).

[1] The owner or occupier of real estate, without protest' or objection, may permit bis land or…

2Cases cited27 opinions

  1. Railroad Co. v. StoutSupreme Court of the United States · 1874
  2. Union Pacific Railway Co. v. McDonaldSupreme Court of the United States · 1894
  3. Powers v. HarlowMichigan Supreme Court · 1884
  4. City of Pekin v. McMahonIllinois Supreme Court · 1895
  5. Kefee v. Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1875

22 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Motes v. MatthewsSupreme Court of Alabama · 1986
  2. Ellis v. Ashton & St. Anthony Power Co.Idaho Supreme Court · 1925
  3. Prudential Ins. Co. of America v. ZeidlerSupreme Court of Alabama · 1936
  4. McGill v. City of LaurelMississippi Supreme Court · 1965
  5. Preston v. LaSalle Apartments, Inc.Supreme Court of Alabama · 1941

13 more not listed; retrieve them via the Exa API.

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