Birmingham Ry. L. & P. Co. v. Landrum
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. Charles A. Senn. Personal injury action by Porter Landrum against the Birmingham Railway, Light & Power Company. From a judgment for plaintiff, defendant appeals.- There is no assignment of error calling in question the ¿ction of the court on the pleading. The first and third counts are in simple negligence. The second count was in wanton or willful injury.
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Appeal from Birmingham City Court. Heard before Hon. Charles A. Senn. Personal injury action by Porter Landrum against the Birmingham Railway, Light & Power Company. From a judgment for plaintiff, defendant appeals.- There is no assignment of error calling in question the ¿ction of the court on the pleading. The first and third counts are in simple negligence. The second count was in wanton or willful injury. The defense was the general issue and contributory negligence by going upon the track without first stopping, looking, and listening for approaching cars. The evidence tended to show…
1Opinion of the CourtHaralson, J.
— This was an action by plaintiff, a boy who was about 2 months over 11 years of age. It is well settled, that a minor between 7 and 14 years of age is prima facie incapable of exercising judgment and discretion, but evidence may be received to show capacity. —B. R. L. & P. Go. v. Jones, 146 Ala. 277, 41 South. 148] T. G. G. & 1. Go. v. Enslen, 129 Ala. 345, 30 South. 600. In the latter case it was said: “Contributory negligence may, under some conditions, be imputed to an infant under 14 years of age, as a matter of law, as where the evidence of his care and prudence and his capacity to…
2Cases cited5 opinions
- City Delivery Co. v. HenrySupreme Court of Alabama · 1903
- Louisville & Nashville Railroad v. AnchorsSupreme Court of Alabama · 1896
- Birmingham Ry. Light & Power Co. v. JonesSupreme Court of Alabama · 1906
- Louisville & Nashville Railroad v. BanksSupreme Court of Alabama · 1901
- Griffith v. RudisillSupreme Court of Alabama · 1904
3Cited by29 opinions
- Alabama Power Company v. TaylorSupreme Court of Alabama · 1975
- Johnson Publishing Co. v. DavisSupreme Court of Alabama · 1960
- Birmingham R. L. & P. Co. v. SaxonSupreme Court of Alabama · 1912
- Russell v. BushSupreme Court of Alabama · 1916
- Cunningham Hardware Co. v. Louisville N. R. Co.Supreme Court of Alabama · 1923
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