Legal Opinion

Birmingham Railway L. & P. Co. v. Parker

Supreme Court of Alabama

Decided June 17, 1909PublishedCited by 4 opinions

Appeal from Jefferson Circnit Court: Heard before Hon. A. O. Lane. Action by Meivie Parker against the Birmingham Railway, Light & Power Company, for damages for an assault' committed ' on her'' by one of its conductors. Judgment for plaintiff: and defendant appeals. Count 3 does not charge a wanton assault. — Bir.

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Appeal from Jefferson Circnit Court: Heard before Hon. A. O. Lane. Action by Meivie Parker against the Birmingham Railway, Light & Power Company, for damages for an assault' committed ' on her'' by one of its conductors. Judgment for plaintiff: and defendant appeals. Count 3 does not charge a wanton assault. — Bir. O. & M. -Co. v. Grover, 48 South. 684; Decatur G. & M. Go. v. Mehaffy, 120 Ala. 242; H. A. & B. R. R. Go. v. South, 112 Ala. 642; see also in this connection — L. & N. R. R. Co. v. Mitchell, 134 Ala.. 261; Anniston E. & G. Go. v. Rosen, 48 South. 803; Herrin v. Tuscaloosa W. W.…

1Opinion of the CourtSayre, J.

This is an action for an assault committed on the appellee, a girl, who was a minor and a passenger, by a conductor of the appellant while acting within the.line and scope of his employment. The single assignment of error is grounded upon the action of the trial court in overruling the demurrer to the complaint as amended.

So much of that count as requires consideration here avers that the conductor'“wantonly assaulted the plaintiff by grasping her by the arm and shoulders,' by wihking and smiling at her.” It is stated as in the way óf argument for the appellant that the quoted averment is not…

2Cases cited1 opinion

  1. Birmingham Railway & Electric Co. v. BairdSupreme Court of Alabama · 1900

3Cited by4 opinions

  1. Seaboard Air Line Railway Co. v. MobleySupreme Court of Alabama · 1915
  2. Hall v. Seaboard Air Line Railway Co.Supreme Court of Florida · 1921
  3. Connell v. Call-A-Cab, Inc.Supreme Court of Alabama · 2006
  4. Connell v. Call-A-Cab, Inc.Supreme Court of Alabama · 2006

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