Heidtmueller v. Davis
Cases that cite this one
1 later published case cites this decision.
- Littleton v. Vitro Corp. of America (United States District Court for the Northern District of Alabama 1955)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
This is an action of damages for death by wrongful act under Code of 1907, § 2486, known as the “Act to Prevent Homicides.”
The cause of action arose while the railroads were being operated by the federal government, under the act of Congress commonly known as the Federal Control Act (U. S. Comp. St. 1918, U. S. Comp. St. Ann. Supp. 1919, §§ 3115%a-3115 %p).
The damages recoverable under our statute being wholly punitive, and the damages allowable in a suit growing out of government control being compensatory only, this action cannot be maintained.
The cause must be affirmed' on the authority of Howard v. Davis, Director General, 209 Ala. 113, 95 South. 354; Payne, Director General, v. Smitherman, 206 Ala. 591, 91 South. 575; Missouri Pacific R. R. Co. v. Ault, 256 U. S. 554, 41 Sup. Ct. 593, 65 L. Ed. 1087.
Affirmed.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.