Southern Railway Co. v. Jarvis
Alabama Court of Appeals
Appeal from Shelby Circuit Court. Heard befor Hon. Hugh D. Merrill. Action by Newton J. Jarvis against the Southern Raihvay Company, for damages resulting to him from blocking a public road. Judgment for plaintiff, and defendant appeals.
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Appeal from Shelby Circuit Court. Heard befor Hon. Hugh D. Merrill. Action by Newton J. Jarvis against the Southern Raihvay Company, for damages resulting to him from blocking a public road. Judgment for plaintiff, and defendant appeals. Count B is as follows: Plaintiff claims of defendant * * damages for that, whereas on or about - * * defendant was operating a railway through Aldrich, Shelby county, Ala., over which it ran trains of cars propelled by locomotive steam engines, and said Aldrich was a station on said railroad, and plaintiff avers that he was being driven over or along the…
1Opinion of the CourtPelham, P. J.
The case Avas tried on the general issue under counts A and B of the amended complaint. Count B of the amended- complaint, filed by the appel*638lee as plaintiff in the trial court, was demurred to by tbe defendant as not stating a good cause of action for wanton or intentional injury. These demurrers were overruled by tbe court, and tbe right of tbe plaintiff to recover punitive damages under tbe allegations of this count was submitted to tbe jury. Tbe defendant asked written instructions, which were refused by tbe court, to tbe effect that tbe jury were not authorized under tbe allegations of…
2Cases cited10 opinions
- Memphis & Charleston Railroad v. MartinSupreme Court of Alabama · 1897
- Southern Railway Co. v. WeatherlowSupreme Court of Alabama · 1907
- Southern Railway Co. v. BuntSupreme Court of Alabama · 1901
- Birmingham Ry. Light & Power Co. v. BrownSupreme Court of Alabama · 1907
- Louisville & Nashville Railroad v. MitchellSupreme Court of Alabama · 1901
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3Cited by2 opinions
- Ellis B. Hall, Charles R. Hall and Eunice E. Hall v. The Atchison, Topeka and Santa Fe Railway CompanyCourt of Appeals for the Fifth Circuit · 1974
- Southern Railway Co. v. JarvisAlabama Court of Appeals · 1914