Louisville & Nashville Railroad v. Orr
Supreme Court of Alabama
Appeal from the City Court of Decatur. Tried before the Hon. Wm. H. Simpson. This action was brought by Horace Orr, as administrator of the estate of Henry Griffin, deceased, to recover damages for the wrongful and negligent acts of defendant and its servants, which, as alleged, caused the death of said Griffin while in the defendant’s service as a brakeman. The inj ury occurred on the 4th May, 1887, and the action was commenced on the 24th’ May.
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Appeal from the City Court of Decatur. Tried before the Hon. Wm. H. Simpson. This action was brought by Horace Orr, as administrator of the estate of Henry Griffin, deceased, to recover damages for the wrongful and negligent acts of defendant and its servants, which, as alleged, caused the death of said Griffin while in the defendant’s service as a brakeman. The inj ury occurred on the 4th May, 1887, and the action was commenced on the 24th’ May. The evidence showed that, at the time of the accident, a train of freight cars, under the superintendence of one Price ■as conductor, had stopped at…
1Opinion of the CourtColeman, J.
Plaintiff, as administrator of Henry Griffin, who was an employé of the defendant, sues to recover damages sustained by the alleged wrongful act of the defendant, resulting in the death of the decedent. At common law, this action was not maintainable, and the right to recover, and the measure of the recovery, are purely statutory. In many States, the statute which authorizes the action, in express words defines and limits the damages to pecuniary compensation.—Huntington v. Broad Top R. R. Co., 84 Penn. 425; R. R. Co. v. Howard, 80 Ill. 88; Penn. R. R. Co. v. Ogier, 35 Penn. 70. In this…
2Cases cited8 opinions
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