Nashville, C. & St. L. Ry v. Hill
Supreme Court of Alabama
Aiteal from Marshall Circuit Court. Heard before Hon. James A. Bilbro. Action by Francis Hill, mother, to recover of the N. C. & St. L. Ry. damages for death of son, a minor, employed by defendant without the consent of the parent, and put to hazardous labor on the defendant railway,' that of brakeman. The facts necessary to an understanding of the points decided sufficiently appear in the opinion of the court.
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Aiteal from Marshall Circuit Court. Heard before Hon. James A. Bilbro. Action by Francis Hill, mother, to recover of the N. C. & St. L. Ry. damages for death of son, a minor, employed by defendant without the consent of the parent, and put to hazardous labor on the defendant railway,' that of brakeman. The facts necessary to an understanding of the points decided sufficiently appear in the opinion of the court. The bond being sufficient, the circuit court could look no further than the face of the petition, and the facts required by the federal statutes being therein stated, the circuit court…
1Opinion of the CourtWeakley, C. J.
The complaint originally contained seven counts, and count 8 was added by amendment. Each count claimed $1,990, a sum below the minimum jurisdiction of the Circuit Court of the United States. This sum is claimed in each count as damages resulting to the plaintiff, Francis ITill, the mother of the decedent, her minor son, from a Avrongful act of the defendant causing his death. As the damnifying act alleged in each count was the Avrongful killing of the decedent, and as we feel safe in asserting that he could not have been killed but once, it is obviously not “legally possible” for the…
2Cases cited10 opinions
- Nelson v. First National Bank of MontgomerySupreme Court of Alabama · 1903
- Louisville & Nashville Railroad v. WoodsSupreme Court of Alabama · 1894
- Nashville, Chattanooga & St. Louis Railway Co. v. Parker & Co.Supreme Court of Alabama · 1898
- Marbury Lumber Co. v. WestbrookSupreme Court of Alabama · 1898
- Robinson v. DrummondSupreme Court of Alabama · 1854
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- DeSoto Coal M. & Dev. Co. v. HillSupreme Court of Alabama · 1912
- Nickelson v. Nestles Milk Products CorporationCourt of Appeals for the Fifth Circuit · 1939
- Atlanta & Birmingham Air Line Railway v. WheelerSupreme Court of Alabama · 1908
- Sloss-Sheffield Steel & Iron Co. v. VinzantSupreme Court of Alabama · 1907
- Sloss-Sheffield Steel & Iron Co. v. DraneCourt of Appeals for the Fifth Circuit · 1908
4 more not listed; retrieve them via the Exa API.