Birmingham Southern Railway Co. v. Lintner
Supreme Court of Alabama
Appeal .from the Circuit Court of Jefferson. Tried before the. Hon. A. A. Coleman. This action was brought by the appellee, William Lintner, against the Birmingham Southern Railway Company, to recover damages alleged to have been caused by the negligence of the defendant in one of the engines operated on the defendant’s road, running upon or against a horse and buggy which belonged to the plaintiff.
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Appeal .from the Circuit Court of Jefferson. Tried before the. Hon. A. A. Coleman. This action was brought by the appellee, William Lintner, against the Birmingham Southern Railway Company, to recover damages alleged to have been caused by the negligence of the defendant in one of the engines operated on the defendant’s road, running upon or against a horse and buggy which belonged to the plaintiff. It is averred in each of the counts of the complaint that the plaintiff’s wife, Clara Lintner, was in the buggy drawn by the horse, driving along a street in or near the town of Ensley, and as she…
1Opinion of the CourtMcCLELLAN, C. J.
“Tlie earnings of tlie wife are her separate property; but slie is not entitled to compensation for services rendered to or for tlie husband, or. to or for the family.” — Code, § 2521. The whole scope and purpose of this enactment manifestly is to vest in the wife her earnings in service rendered to third persons, strangers to the household. It in no degree emancipates her from her household duties, nor authorizes her to enter upon such alien service as would conflict with and prevent the performance of her duties incident to the domestic establishment, the care, comfort and convenience of…
2Cases cited7 opinions
- Foster v. NapierSupreme Court of Alabama · 1883
- South & North Alabama Railroad v. Henlein & BarrSupreme Court of Alabama · 1876
- Grippen v. New York Central RailroadNew York Court of Appeals · 1869
- Tuttle v. C., R. I. & P. R. Co.Supreme Court of Iowa · 1876
- Douglas v. GausmanIllinois Supreme Court · 1873
2 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Georgia Railway & Power Co. v. EndsleySupreme Court of Georgia · 1928
- Sessions v. Jack Cole CompanySupreme Court of Alabama · 1963
- Geer Bros., Inc. v. CrumpSupreme Court of Alabama · 1977
- Stowers Furniture Co. v. BrakeSupreme Court of Alabama · 1908
- Thomas v. CarterSupreme Court of Alabama · 1927
35 more not listed; retrieve them via the Exa API.