392 F. Supp. 641 - James v. Murphy’s Empirical Analysis

Citation profile

2 federal appellate · 3 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"[Plaintiff], in her complaint, asks for compensatory damages, as did the plaintiff in Brazier v. Cherry, supra—damages sustained by the decedent and damages sustained by his survivors. However, the wrongful death action in Alabama [Code of 1975, § 6-5-410] does not provide for compensatory damages as do the wrongful death acts in Georgia. The Alabama wrongful death act provides only for punitive damages—not for compensatory or actual damages. Hampton v. Roberson, 231 Ala. 55, 58 , 163 So. 644 ; Bell v. Riley Bus Lines, 257 Ala. 120 , 57 So.2d 612 . The right it creates is the right of the personal representative of the decedent to act as agent by legislative appointment for the effectuation of a legislative policy of the prevention of homicides through the deterrent value of the infliction of punitive damages. Since the Plaintiff, Mattie Mae James, did not claim punitive damages in her complaint, it appears that her complaint is insufficient under §§ 1983, 1988, and the wrongful death act of Alabama [Code of 1975, § 6-5-410] to support a cause of action for the damages claimed." (Footnote omitted.) 392 F.Supp. at 645 .”

   1 later decision quote this exact passage · from the majority
   e.g. Carter v. City of Birmingham