Hull v. Wimberly & Thomas Hdw. Co.
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon; H. A. Si-iarpe. Action by William J. Hull, as administrator of the estate of Charlie Hull, deceased, against the Wimberly & Thomas Hardware Company, and others, for damages for the death of his intestate. From a judgment for defendant plaintiff appeals.
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Appeal from Birmingham City Court. Heard before Hon; H. A. Si-iarpe. Action by William J. Hull, as administrator of the estate of Charlie Hull, deceased, against the Wimberly & Thomas Hardware Company, and others, for damages for the death of his intestate. From a judgment for defendant plaintiff appeals. The point at issue is whether or not a recovery by a father under section 2485, Code 1907, for the death of his child is a bar to a recovery by him as administrator under section 3912, Code 1907. The damages recoverable under the Homicide Act are punitive. — S. & N. R. R. Co. v. Sherer, 58…
1Opinion of the CourtSimpson, J.
— This action is brought by the appellant, as administrator of the estate of Charlie Hull, deceased, for the death of said Charlie Hull, under the Employer’s Liability Act (Code 1907, §§ 3910-3913), with counts also on the common-law liability. The defendants filed a plea alleging that William J. Hull, the plaintiff in this case, who is also the father of the deceased, Charlie Hull, who at the time of his death was a member of the family of said William J. Hull, had previously brought suit against the defendant in this case for damages for the death of his said minor son, in which he…
2Cases cited8 opinions
- Richmond & Danville Railroad v. FreemanSupreme Court of Alabama · 1892
- McDonald v. PearsonSupreme Court of Alabama · 1896
- Williams v. South & North Ala. RailroadSupreme Court of Alabama · 1890
- Lovell v. DeBardelaben Coal & Iron Co.Supreme Court of Alabama · 1890
- Louisville & Nashville R. R. v. BogueSupreme Court of Alabama · 1912
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3Cited by11 opinions
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- Alabama Power Co. v. StognerSupreme Court of Alabama · 1922
- Gulf States Steel Co. v. JusticeSupreme Court of Alabama · 1920
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