Tyler v. Brown-Service Funeral Homes Co.

• Decision Date: 26 February 1948
• Docket Number: 6 Div. 585.
• Citation: 34 So.2d 203,250 Ala. 295
• Parties: TYLER v. BROWN-SERVICE FUNERAL HOMES CO.
• Court: Alabama Supreme Court

34 So.2d 203

250 Ala. 295

TYLER v. BROWN-SERVICE FUNERAL HOMES CO.

6 Div. 585.

Supreme Court of Alabama

February 26, 1948

Gibson & Hewitt, of Birmingham, for appellant.

Lange, Simpson, Robinson & Somerville, of Birmingham, for appellee.

LIVINGSTON Justice.

The single count of the complaint is in words and figures as follows: 'The plaintiff claims of the defendant the sum of Five Thousand Dollars ($5,000.00), as damages, for that heretofore, on, towit, January 21, 1946, the defendant was in the business of operating ambulances in Jefferson County Alabama, for hire or reward, which said ambulances were being used and operated for the purpose of transporting sick and injured people from hospitals to their homes, and from their homes to the hospitals. Plaintiff further avers that on said date, as aforesaid, her husband, Fred B. Tyler, was seriously ill at the Hillman Hospital, in Birmingham, Jefferson County Alabama, and at said time and place aforesaid the defendant's agents, servants or employees, while acting within the line and scope of their employment as such undertook to transport plaintiff's husband, Fred B Tyler, without plaintiff's consent from the said Hillman Hospital, as aforesaid, to the home of plaintiff and the said Fred B. Tyler, approximately three miles northeast of Huffman, on the old Springville Highway, in Jefferson County Alabama. Plaintiff further avers that when the defendant's agents, servants or employees, while acting within the line and scope of their employment as such arrived with plaintiff's husband, Fred B. Tyler, at the said home of the said plaintiff and the said Fred B. Tyler, as aforesaid, said home was unoccupied, and not heated and at said time and place aforesaid, the defendant's agents, servants or employees, while acting within the line and scope of their employment as such, negligently left plaintiff's husband, who was seriously ill, in said home, where he was unattended, and was not provided with sufficient warmth to keep him from being cold. Plaintiff avers that, towit, several hours after the defendant's agents, servants or employees, while acting within the line and scope of their employment as such, negligently left her said husband, Fred B. Tyler, unattended in said home, which was not heated, she went to the said home and found her said husband, Fred B. Tyler, unattended in a cold and almost freezing condition, and plaintiff avers that, as a proximate consequence thereof, she suffered great mental anguish. Plaintiff avers that her said mental anguish was proximately caused by the negligence of the defendant's agents, servants or employees, while acting within the line and scope of their employment as such, in that the said defendant's agents, servants or...