South & North Alabama Railroad v. Sullivan
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried before the Hon. W. B. Wood. Jerry Sullivan, the administrator of Mary Hughes, brought suit to the fall term 1875, of the Circuit Court of Jefferson county, against the South and North Alabama Railroad Company, to recover damages for the death of Mary Hughes, caused by an act of the corporation.
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Appeal from the Circuit Court of Jefferson. Tried before the Hon. W. B. Wood. Jerry Sullivan, the administrator of Mary Hughes, brought suit to the fall term 1875, of the Circuit Court of Jefferson county, against the South and North Alabama Railroad Company, to recover damages for the death of Mary Hughes, caused by an act of the corporation. The defendant demurred to the complaint on the grounds—-first, that the complaint shows that Mary Hughes was a married woman; and second,. that the complaint does not aver, that at the time of' her death the said Mary Hughes had an income. The demurrer…
1Opinion of the Court
STONE, J.—
Under the principles declared in Savannah and Memphis Railroad Comppany v. Shearer, 58 Ala. 672, a good and substantial cause of action is averred and shown against the defendant corporation. The question is,, in whom is the right of action ? In whose name should the suit be brought ? The decedent, intestate, was, at the time of her death, a married woman, and the action was brought in the name of her administrator.
Commenting on the act “ to prevent homicides,” of February 5, 1872, Pamph. Acts 83, we, in Savannah and Memphis Railroad Company v. Shearer, said, in effect, that the…
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- Savannah & Memphis Railroad v. ShearerSupreme Court of Alabama · 1877
- Illinois Central Railroad v. BachesIllinois Supreme Court · 1870
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