Louisville & Nashville Railroad v. Abernathy
Supreme Court of Alabama
Appeal from Chilton Circuit Court. Heard before Hon. W. W. Pearson. Action by C. B. Abernathy against the Louisville & Nashville Railroad Company for damages for injuries to his minor child. Judgment for plaintiff, and defendant appeals.
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Appeal from Chilton Circuit Court. Heard before Hon. W. W. Pearson. Action by C. B. Abernathy against the Louisville & Nashville Railroad Company for damages for injuries to his minor child. Judgment for plaintiff, and defendant appeals. Count 2, in brief, is: That' in December, 1913, plaintiff’s minor son under the age of seven years, while on the track of defendant’s railroad, was run against by a train upon the track of said railroad and injured, in Chilton county. [Here follows catalogue of injuries.] Plaintiff avers that said injuries and damages to him were proximately caused by the…
1Opinion of the CourtGardner, J.
Suit by the father to recover damages for injuries sustained by his minor son as a result of the alleged negligent conduct of a servant or employee of appellant.
The original complaint consisted of one count for simple negligence, and, after the argument of the case had been concluded, the court permitted the complaint to be amended by adding count 2, which was for subsequent negligence, and by striking count 1, and this over the objection of the defendant (appellant here).(1) Under our decisions, recovery could have been had for subsequent negligence upon the complaint as *634originally framed. —…
2Cases cited16 opinions
- Cobb v. MaloneSupreme Court of Alabama · 1890
- Alabama Great Southern Railroad v. McWhorterSupreme Court of Alabama · 1908
- Southern Railway Co. v. SheltonSupreme Court of Alabama · 1902
- Southern Railway Co. v. BushSupreme Court of Alabama · 1898
- Birmingham R. L. & P. Co. v. SaxonSupreme Court of Alabama · 1912
11 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Fries v. Acme White Lead & Color WorksSupreme Court of Alabama · 1918
- Louisville & Nashville R. R. v. JenkinsSupreme Court of Alabama · 1916
- CALVERT & MARSH COAL CO., INC. v. PassSupreme Court of Alabama · 1980
- Kendrick v. BIRMINGHNA SOUTHERN R. CO.Supreme Court of Alabama · 1950
- Southern Ry. Co. v. MontgomerySupreme Court of Alabama · 1934
14 more not listed; retrieve them via the Exa API.