Gilliam v. South, & North Alabama Railroad
Supreme Court of Alabama
Appear from the Circuit Court of Blount. Tried before the Hon. John Henderson. This action was brought by James T. Gilliam against the appellee, a domestic railroad corporation; and was commenced on the 6th December, 1878. The original complaint contained two counts, each claiming $25,000 damages, “ for wrongful and unlawful injuries to plaintiff committed by defendant,” as follows: 1. “Whereas, heretofore, to-wit, on the 10th day of November, 1878, the north-bound passenger…
Read the full summary
Appear from the Circuit Court of Blount. Tried before the Hon. John Henderson. This action was brought by James T. Gilliam against the appellee, a domestic railroad corporation; and was commenced on the 6th December, 1878. The original complaint contained two counts, each claiming $25,000 damages, “ for wrongful and unlawful injuries to plaintiff committed by defendant,” as follows: 1. “Whereas, heretofore, to-wit, on the 10th day of November, 1878, the north-bound passenger train'of defendant was stopped at or near plaintiff’s house, not a'regular stopping-place for said train, and the…
1Opinion of the CourtStone, J.
The present case presents but a single inquiry: whether the railroad company is liable in damages for the wrong alleged to have been committed by Hunt, the conductor. The case of McManus v. Crickett, 1 East, 106, is the leading-authority on this question. That case drew the distinction between willfulness and negligence, holding that when the servant, in the performance of his master’s service, by his negligent act, does an injury to another, the master is liable in damages; when, however, the act which produced the injury was intentionally done, although done while in the performance of •…
2Cases cited13 opinions
- Philadelphia & Reading Railroad v. DerbySupreme Court of the United States · 1853
- Rounds v. . Del., Lack. West. R.R. Co.New York Court of Appeals · 1876
- Wright v. J. & S. WilcoxNew York Supreme Court · 1838
- Hays v. Houston G. N. R. R. Co.Texas Supreme Court · 1876
- Jeffersonville Railroad v. RogersIndiana Supreme Court · 1871
8 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Tobler v. Pioneer Mining & Mfg. Co.Supreme Court of Alabama · 1909
- Ala. Great Southern Railroad v. FrazierSupreme Court of Alabama · 1890
- Georgia Pacific Railway Co. v. PropstSupreme Court of Alabama · 1887
- Cincinnati, Hamilton & Indianapolis Railroad v. CarperIndiana Supreme Court · 1887
- Central of Georgia Railway Co. v. JosephSupreme Court of Alabama · 1899
28 more not listed; retrieve them via the Exa API.