Harris v. McNamara
Supreme Court of Alabama
Appeal from City Court of Birmingham. Tried before Hon. W. W. "Wilkerson. Action by Sarah Harris against McNamara Brothers to recover damages for the alleged wrongful killing of her son who was a miuor. The opinion states the facts. cited 14 Am. & Eng. Ency. of Law, page 757; lb. 829; Speed v. Atlantic B. B. Co. 2 Am. & Eng. R. R. cases, 77; Southern Ex. Co. v. Brown, 7 So.
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Appeal from City Court of Birmingham. Tried before Hon. W. W. "Wilkerson. Action by Sarah Harris against McNamara Brothers to recover damages for the alleged wrongful killing of her son who was a miuor. The opinion states the facts. cited 14 Am. & Eng. Ency. of Law, page 757; lb. 829; Speed v. Atlantic B. B. Co. 2 Am. & Eng. R. R. cases, 77; Southern Ex. Co. v. Brown, 7 So. Rept. 318; Williams v. S. & N. A. B. B. Co., 91 Ala. 635. cited Godfrey v. Hays, 6 Ala. 501; Lyon v. Bolling et al., 4 Ala. 753; Donegan v. Davis, 66 Ala. 362; Scarborough v. Malone, 67 Ala. 570; Williams v. Barks-dale, 58…
1Opinion of the Court
HEAD. J.
— At common-law no action lies for the wrongful act or omission of a person causing the death of another. Section 2588 of the Code of Alabama provides that when the death of a minor child is caused by the wrongful act, or omission, or negligence of any person or persons, or corporation, his or their servants or agents, the father, or the mother, in case of the death.......the father, or the personal representative of such minor, may sue and recover such damages as the jury may assess. This action is by the mother of the deceased, "Willie Harris, (the father being dead), and is founded…
2Cases cited7 opinions
- Mayor of Birmingham v. McCarySupreme Court of Alabama · 1887
- Fones v. PhillipsSupreme Court of Arkansas · 1882
- Rome & Decatur Railroad v. ChasteenSupreme Court of Alabama · 1889
- Fisk v. Central Pacific RailroadCalifornia Supreme Court · 1887
- Scarborough v. Ala. Midland Railway Co.Supreme Court of Alabama · 1891
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3Cited by35 opinions
- American Savings Life Insurance v. RiplingerCourt of Appeals of Kentucky (pre-1976) · 1933
- Aldrich v. Tyler Grocery Co.Supreme Court of Alabama · 1921
- Birmingham Post Co. v. SturgeonSupreme Court of Alabama · 1933
- Sun Cab Co. v. PowellCourt of Appeals of Maryland · 1951
- Wolfe v. IsbellSupreme Court of Alabama · 1973
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