Armstrong v. Montgomery Street Railway Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. J. O. Richardson. This action was brought by the appellant, L. J. Armstrong, as administratrix of the estate of Charles Armstrong, deceased, against the appellee, to recover damages for personal injuries alleged to have been inflicted on plaintiff’s intestate, by reason of the negligence of the defendant or its employés, and which resulted in the death of plaintiff’s intestate.
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. J. O. Richardson. This action was brought by the appellant, L. J. Armstrong, as administratrix of the estate of Charles Armstrong, deceased, against the appellee, to recover damages for personal injuries alleged to have been inflicted on plaintiff’s intestate, by reason of the negligence of the defendant or its employés, and which resulted in the death of plaintiff’s intestate. The complaint as originally filed, contained six counts. It was subsequently amended by the addition of the 6th, 7th, 8th, 9th, 10th, 11th and 12th…
1Opinion of the CourtMcCLELLAN, C. J.
The first count avers that plaintiff’s intestate was a passenger on one of defendant’s street cars when he received the injuries which caused his death, and theréby shows the duty the defendant was under to conserve the safety of the intestate. This duty having been thus shown, the averment of a failure to perform it — of the negligence of defendant whereby the intestate came to his death- — though very general — viz.: “Said defendant then and there so negligently conducted said business that by reason of such negligence plaintiff’s intestate received personal injuries which caused his death”…
2Cases cited15 opinions
- Ehrgott v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Memphis & Charleston Railroad v. MartinSupreme Court of Alabama · 1897
- Louisville & Nashville Railroad v. JonesSupreme Court of Alabama · 1887
- Louisville & Nashville Railroad v. OrrSupreme Court of Alabama · 1898
- Kansas City, Memphis & Birmingham Railroad v. BurtonSupreme Court of Alabama · 1892
10 more not listed; retrieve them via the Exa API.
3Cited by127 opinions
- Central of Georgia Railway Co. v. FosheeSupreme Court of Alabama · 1899
- Louisville & Nashville Railroad v. Marbury Lumber Co.Supreme Court of Alabama · 1899
- Tennessee Coal, Iron & R. R. v. SmithSupreme Court of Alabama · 1911
- Wallace v. LudwigMassachusetts Supreme Judicial Court · 1935
- Birmingham Ry. Light & Power Co. v. MooreSupreme Court of Alabama · 1906
122 more not listed; retrieve them via the Exa API.