Buckalew v. Tennessee Coal, Iron & Railroad
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the lion. W. W. Wilicerson. This action was brought on June 18, 1895, by the appellant, Louella Buckalew, as administratrix of the estate of William H. Buckalew, deceased, against the appellee, the Tennessee Coal, Iron& Railroad Company.
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Appeal from the City Court of Birmingham. Tried before the lion. W. W. Wilicerson. This action was brought on June 18, 1895, by the appellant, Louella Buckalew, as administratrix of the estate of William H. Buckalew, deceased, against the appellee, the Tennessee Coal, Iron& Railroad Company. The complaint contained six counts, which were as follows : 1st. “The plaintiff claims of the defendant twenty thousand dollars as damages for that heretofore, on, to-wit, 16th day of November, 1893, defendant was running and-operating a certain coal mine known as Shaft Number One, at or near Pratt City,…
1Opinion of the CourtHead, J.
Section 2589 of the Code of 1886 provides that ‘ ‘A personal representative may maintain an action, and recover such damages as the jury may assess, for the wrongful act, omission or negligence of any person or persons, or corporation, his or their servants or agents, whereby the death of his testator, or intestate was caused, if the testator or intestate could have maintained an action for such wrongful act, omission or negligence, if it h ad not caused death, ” &c. “ Such action must be brought within two years from and after the death of the testator or intestate.”
The present action is…
2Cases cited1 opinion
- Walker v. BollingSupreme Court of Alabama · 1853
3Cited by24 opinions
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- Whitlow v. Nashville, Chattanooga & St. Louis Railway Co.Tennessee Supreme Court · 1904
- J. H. Burton Sons Co. v. MaySupreme Court of Alabama · 1925
- Alabama Great Southern Railroad v. BurgessSupreme Court of Alabama · 1897
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