Birmingham Railway & Electric Co. v. Ward
Supreme Court of Alabama
Appeal from Birmingham City Court. Tried before Hon. Charles A. Senn. The action was brought by Walker Ward, a minor, by next friend to recover damages from the Birmingham Bailway & Electric Company for injuries alleged to have been inflicted on him and for abusive and insulting-language used to him by the motorman of one of the cars of the company.
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Appeal from Birmingham City Court. Tried before Hon. Charles A. Senn. The action was brought by Walker Ward, a minor, by next friend to recover damages from the Birmingham Bailway & Electric Company for injuries alleged to have been inflicted on him and for abusive and insulting-language used to him by the motorman of one of the cars of the company. The evidence was conflicting, but that for the plaintiff tended to show that the motorman assaulted the plaintiff while he was on the car and at the same time cursed and abused him. The charges refused to defendant need not be stated in. full as…
1Opinion of the CourtHaralson, J.
— The four counts, in the complaint claim compensation not only for the wrong alleged to have been inflicted on plaintiff’s body, but also for the mental suffering and humiliation caused him in the abusive and opprobrious language used by the defendant’s motorman to him at the time, in connection with the alleged assault and battery. Such damages are actual, measurable by a pecuniary standard and are different and distinguishable from what are termed vindictive, exemplary or punitive damages. Mr. Greenleaf, referring to the damages for injuries to the person and reputation says: “Injuries to…
2Cases cited7 opinions
- South & North Ala. Railroad v. McLendonSupreme Court of Alabama · 1879
- Mobile & Ohio Railroad v. GeorgeSupreme Court of Alabama · 1891
- Ala. Great Southern Railroad v. SellersSupreme Court of Alabama · 1890
- Western Union Telegraph Co. v. HendersonSupreme Court of Alabama · 1889
- McKinley v. C. & N. W. R.Supreme Court of Iowa · 1876
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- North Alabama Traction Co. v. DanielSupreme Court of Alabama · 1908