North Alabama Traction Co. v. McNeil
Alabama Court of Appeals
Appeal from Circuit Court, Morgan County; Robert C. Brickell, Judge. Action by Mrs. Leah McNeil against the North Alabama Traction Company and another. Judgment for plaintiff, and the nam- ed defendant appeals. The opinion of tine Court of Appeals and the authorities there cited is a complete answer to the writ.
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Appeal from Circuit Court, Morgan County; Robert C. Brickell, Judge. Action by Mrs. Leah McNeil against the North Alabama Traction Company and another. Judgment for plaintiff, and the nam- ed defendant appeals. The opinion of tine Court of Appeals and the authorities there cited is a complete answer to the writ. The whole count must be considered in arriving at its true and full meaning. 163 Ala. 241, 50 South. 996. The words “negligently maintained” cover the active as well as the passive attitude of the traction company towards the i>ole. 161 Ala. 170, 49 South. 759; 164 Ala. ISC, 51 South.…
1Opinion of the CourtBricken, P. J.
Appellee, plaintiff below, brought suit to recover damages for alleged injuries done to her automobile hy reason of a pole falling across the automobile. The suit was brought against the appellant, and the Alabama Power Company. There was a verdict in favor of the Alabama Power Company and against the appellant, from whieh judgment this appeal is taken by the^Norlh. Alabama Traction Company.
The complaint consists of two counts, and for a better understanding of this opinion we liave set out the complaint as amended:
“The plaintiff claims of the defendants the sum of $1,000 as damages for that,…
2Cases cited2 opinions
- Birmingham R. L. & P. Co. v. SpragueSupreme Court of Alabama · 1916
- Montgomery Street Railway Co. v. HastingsSupreme Court of Alabama · 1903
3Cited by3 opinions
- Hill Grocery Co. v. CaldwellSupreme Court of Alabama · 1924
- Ex Parte McNeilSupreme Court of Alabama · 1920
- North Alabama Traction Co. v. McNeilSupreme Court of Alabama · 1920