Kuykendall v. Edmondson
Supreme Court of Alabama
Appeal from Circuit Court, Marshall County; W. W. Harralson, Judge. Action by Mary M. Edmondson, as administratrix, against O. Kuykendall, for damages for the death of her intestate. Judgment for the plaintiff, 'and defendant appeals. The demurrer should have been sustained to the complaint. Section 2486, Code 1907; 171 Ala. 609, 55 South. 104, Ann.
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Appeal from Circuit Court, Marshall County; W. W. Harralson, Judge. Action by Mary M. Edmondson, as administratrix, against O. Kuykendall, for damages for the death of her intestate. Judgment for the plaintiff, 'and defendant appeals. The demurrer should have been sustained to the complaint. Section 2486, Code 1907; 171 Ala. 609, 55 South. 104, Ann. Cas. 1913B, 225; 179 Ala. 386, 60 South. 937; 112 Ala. 146, 20 South. 606; 13 Cyc. 310. The court erred in declining to permit' the defendant to state what passed between defendant and Edmonson at the time of the killing. 40 Ala. 291; 171 Ala.…
1Opinion of the CourtMiller, J.
This is the second appeal to this court of this case. It is reported in 200 Ala. 650, 77 South. 24.
David Edmondson was killed by C. Kuykendall. The suit is brought under section 2486 of the Code of 1907, by the administratrix of David Edmondson’s estate. This section authorizes a personal representative to maintain an action and recover damages for a wrongful act of a person whereby death is caused.
[1] There is one count in the complaint. It alleges that the defendant wantonly, willfully, or intentionally killed' the plaintiff’s intestate by shooting him with a gun, and other matters,…
2Cases cited9 opinions
- Kennedy v. DavisSupreme Court of Alabama · 1911
- Holt v. StollenwerckSupreme Court of Alabama · 1911
- Louisville & Nashville R. R. v. StreetSupreme Court of Alabama · 1909
- Sturges v. SturgesCourt of Appeals of Kentucky · 1907
- Hicks v. BarrettSupreme Court of Alabama · 1866
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3Cited by33 opinions
- Lewis v. MartinSupreme Court of Alabama · 1923
- Germann v. MatrissSupreme Court of New Jersey · 1970
- Breed v. Atlanta, B. C. R. Co.Supreme Court of Alabama · 1941
- Drummond v. DrummondSupreme Court of Alabama · 1924
- Southern Natural Gas Co. v. DavidsonSupreme Court of Alabama · 1932
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