Jefferson v. Birmingham Railway & Electric Co.
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This was an action brought by the appellant, Johnson Jefferson, by his next friend, against the appellee ; to recover damages for personal injuries.
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Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This was an action brought by the appellant, Johnson Jefferson, by his next friend, against the appellee ; to recover damages for personal injuries. The complaint, as amended, contained five counts, which were as follows : ' ‘The plaintiff claims of the defendant twenty-five thousand dollars as damages, for that, heretofore, on, to-wit, October 9th, 1896, defendant was operating and controlling a certain train composed of a steam locomotive engine, known as a dummy, and certain cars ; that on said day said engine…
1Opinion of the CourtHaralson, J.
The rule in respect to contributory negligence of children has been stated by this court to be, that “a child between seven and fourteen years of age is prima facie incapable of exercising judgment and discretion, but evidence may be received to show capacity. * * * * if the plaintiff is of such tender years, that he is conclusively presumed incapable of judgment and discretion, and of owing duty to another, neither *300contributory, negligence on bis part, -nor that of his parent, can be set up to defeat a recovery.” — Pratt C. & I. Co. v. Brawley, 83 Ala. 374; Gov. St. R. R. Co. v. Hanlon, 53…
2Cases cited10 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Birge v. GardinerSupreme Court of Connecticut · 1849
- Catlett v. Railway Co.Supreme Court of Arkansas · 1893
- Western Railway of Alabama v. MutchSupreme Court of Alabama · 1892
- Snyder v. Han. & St. Jos. R. R.Supreme Court of Missouri · 1875
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Boyette v. BradleySupreme Court of Alabama · 1924
- Highland Avenue & Belt Railroad v. RobbinsSupreme Court of Alabama · 1899
- Birmingham Railway Light & Power Co. v. JonesSupreme Court of Alabama · 1907
- State Ex Rel. Alston v. Baltimore Fidelity Warehouse Co.Court of Appeals of Maryland · 1939
- Golson v. W. F. Covington Mfg. Co.Supreme Court of Alabama · 1920
8 more not listed; retrieve them via the Exa API.