Highland Avenue & Belt Railroad v. South
Supreme Court of Alabama
Appeal from the City Court of Birmingliam. Tried before the Hon. William W. Wilicerson. This action was brought by the appellee, Austin "M. South, against the appellant, the Highland Avenue & Belt Railroad Company, to recover damages for personal injuries, alleged to have been caused by reason of the defendant’s negligence. The complaint contained nine counts.
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Appeal from the City Court of Birmingliam. Tried before the Hon. William W. Wilicerson. This action was brought by the appellee, Austin "M. South, against the appellant, the Highland Avenue & Belt Railroad Company, to recover damages for personal injuries, alleged to have been caused by reason of the defendant’s negligence. The complaint contained nine counts. The court gave the general affirmative charge to the appellant as to the first five counts; and the substance of the allegations of the remaining counts — the sixth, seventh, eighth and ninth — are sufficiently set forth in the opinion.…
1Opinion of the CourtHead, J.
The record shows that the court gave the general affirmative charge for the defendant (appellant) ■ upon the first, second, third, fourth and fifth counts of *648the complaint. We will eliminate .those counts, there* fore, from our consideration of the case. This fact is not shown by the bill of exceptions, but the charges were in writing, and the trial judge wrote thereon “Given,” and signed his name thereto, in conformity to section 2756 of the Code of 1886, and they are certified to us as a part of the record. We will treat the case as having been tried on the sixth, seventh, eighth and ninth…
2Cases cited3 opinions
- Louisville & Nashville Railroad v. MarkeeSupreme Court of Alabama · 1893
- Ricketts v. Birmingham Street Railway Co.Supreme Court of Alabama · 1888
- Ga. Pacific Railway Co. v. UnderwoodSupreme Court of Alabama · 1890
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- Louisville & Nashville Railroad v. Sullivan Timber Co.Supreme Court of Alabama · 1903
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