Legal Opinion

Louisville & Nashville R. R. v. Street

Supreme Court of Alabama

Decided December 16, 1909PublishedCited by 47 opinions

Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Action by Barbara Street as administratrix against the Louisville & Nashville Railroad Company, for the death of her decedent.

Read the full summary

Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Action by Barbara Street as administratrix against the Louisville & Nashville Railroad Company, for the death of her decedent. There was verdict for plaintiff in the sum of one cent, which on motion was set aside for inadequacy, and a new trial was awarded, from which defendant appeals. —The plaintiff recovered a verdict and hence, all grounds of the motion except those relating to insufficiency of the damages are eliminated. — Carrington v. L. & H., 88 Ala. 472. • Under the homicide statute, the damages are punitive merely…

1Opinion of the CourtMcCLELLAN, J.

This appeal, from an order granting a new trial of an action possible, alone, by virtue of the provisions of the homicide act (Code 1907, *157§ 2486), and in which the jury awarded one cent damages, presents the inquiry whether a trial court may review and revise the amount of the jury’s verdict, where, un'der the cited statute, the damages are punitive merely, and the amount to be assessed is left to the discretion of the jury — such damages “as the jury may assess.” This statute has become fixed in this construction and effect, viz., that the recovery provided is punitive only. — R. & D. R. R.…

2Cases cited3 opinions

  1. Richmond & Danville Railroad v. FreemanSupreme Court of Alabama · 1892
  2. Comer v. Age Herald Publishing Co.Supreme Court of Alabama · 1907
  3. Hardeman v. WilliamsSupreme Court of Alabama · 1908

3Cited by47 opinions

  1. Arie v. Intertherm, Inc.Missouri Court of Appeals · 1983
  2. Smith v. HillIllinois Supreme Court · 1958
  3. Maryland Cas. Co. v. TiffinSupreme Court of Alabama · 1988
  4. Vaughan v. Taft Broadcasting Co.Supreme Court of Missouri · 1986
  5. Randle v. Birmingham Railway, Light & Power Co.Supreme Court of Alabama · 1910

42 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API