Birmingham Railway, Light & Power Co. v. Hunnicutt
Alabama Court of Appeals
Appeal from Bessemer City Court-. Heard before Hon. J. C. B. Gwin. Action by John Hunnieutt against tbe Birmingham Railway, Light & Power Company for damages for injury to him while a passenger. Judgment for plaintiff, and defendant appeals. The pleadings sufficiently appear from the opinion, as do the exceptions to evidence.
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Appeal from Bessemer City Court-. Heard before Hon. J. C. B. Gwin. Action by John Hunnieutt against tbe Birmingham Railway, Light & Power Company for damages for injury to him while a passenger. Judgment for plaintiff, and defendant appeals. The pleadings sufficiently appear from the opinion, as do the exceptions to evidence. The following charges were refused to defendant: “(5) Before you can find for the plaintiff in this case, you must be reasonably satisfied from the evidence in this case that plaintiff was compelled, on account of the overcrowded condition of the car upon which, he ivas…
1Opinion of the CourtPelham, J.
The appellee brought suit in the court below against appellant, a common carrier, operating *451cars propelled by electricity, to recover damages for personal injuries received by bim while a passenger by being thrown, jerked, or knocked from the foot board- or running board of one of appellant’s cars, on which appellee alleges he was compelled to ride because of the overcrowded condition of the car.
The first count of the complaint alleges the overcrowded condition of the car, the relation of passenger, etc., and avers “that said car was running at a high rate of speed so that the same swayed and…
2Cases cited16 opinions
- Birmingham Ry. Light & Power Co. v. MooreSupreme Court of Alabama · 1906
- Government Street R. R. v. HanlonSupreme Court of Alabama · 1875
- Highland Avenue & Belt Railroad v. DusenberrySupreme Court of Alabama · 1891
- Louisville & Nashville Railroad v. HallSupreme Court of Alabama · 1890
- Kennon v. Western Union Telegraph Co.Supreme Court of Alabama · 1890
11 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Preston Motors Corporation v. WoodSupreme Court of Alabama · 1922
- Atlantic Coast Line Ry. Co. v. JonesAlabama Court of Appeals · 1913
- Birmingham Ry. L. & P. Co. v. DonaldsonAlabama Court of Appeals · 1915
- Boswell v. BetheaSupreme Court of Alabama · 1942
- P'pool v. StateSupreme Court of Florida · 1927