Owsley v. Montgomery & West Point Railroad
Supreme Court of Alabama
Appeal from the Circuit Court di- Russell. Tried before tbe Hon. Nat. Cook. The complaint in this case was in tbe following words’; “ George W. Owsley ^ The .plaintiff claims of the vs. defendants the sum of two Montgomery & West Point T thousand dollars, as damages Railroad Company.
Read the full summary
Appeal from the Circuit Court di- Russell. Tried before tbe Hon. Nat. Cook. The complaint in this case was in tbe following words’; “ George W. Owsley ^ The .plaintiff claims of the vs. defendants the sum of two Montgomery & West Point T thousand dollars, as damages Railroad Company. J for Maliciously and without probable cause suing out a warrant, commonly called a peace-warrant, against the plaintiff, on the 21st January, A. D. 1857. Also, the further sum of two thousand dollars, as damages for recklessly and without .probable cause, through their agent and 'servant, one D. H, Cram, causing…
1Opinion of the CourtR. W. Walker, J.
It was supposed at mile time that an action for a tort would not lie against a corporation. But this idea has beeiriobg. since exploded, and the tendency of the law in our day is to extend the application of all legal remedies to corporations, and to assimilate them, as far as possible, in their lego!'duties and, responsibilities, to individuals. Accordingly, the modern authorities have established the doctrine, that trover, trespass quart clausum, *563and trespass for an assault and battery, will lie against a corporation. — Yarborough v. Bank, 16 East, 6 ; Bloodgood v. Mohawk & Hudson River…
2Cases cited6 opinions
- Bloodgood v. Mohawk & Hudson RailroadNew York Supreme Court · 1837
- Smoot v. Mayor of WetumpkaSupreme Court of Alabama · 1854
- Goodspeed v. East Haddam BankSupreme Court of Connecticut · 1852
- Ragsdale v. BowlesSupreme Court of Alabama · 1849
- Sheppard v. FurnissSupreme Court of Alabama · 1851
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Carter v. Howe Machine Co.Court of Appeals of Maryland · 1879
- Jordan v. Ala. Great Southern RailroadSupreme Court of Alabama · 1883
- Rivers v. Yazoo & Mississippi RailroadMississippi Supreme Court · 1907
- Boogher v. Life Ass'n of AmericaSupreme Court of Missouri · 1882
- Covington County v. KinneySupreme Court of Alabama · 1871
8 more not listed; retrieve them via the Exa API.