Birmingham Railway, Light & Power Co. v. Lide
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Action by Mrs. Mary W. Lide against the Birmingham Railway, Light & Power Company, for damages for injury to her while a iiassenger. There was judgment for defendant, which on motion was set aside, and defendant appeals.
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Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Action by Mrs. Mary W. Lide against the Birmingham Railway, Light & Power Company, for damages for injury to her while a iiassenger. There was judgment for defendant, which on motion was set aside, and defendant appeals. The court erred in granting plaintiff a new trial as there was no .error in giving charges 1, 2, and 8, being the basis for granting the same. — B. R., L. & P. Go. v. Parker, 47 South. 138; B. R., L. & P. Go. v. Moore, 50 South. 116; Mobile L. & R. R. Go. v. Bell, 45 South. 56. There was no data from which the…
1Opinion of the CourtSomerville, J.
— Plaintiff sued defendant, a common carrier of passengers, for injuries suffered by her as a passenger while alighting from defendant’s car. The complaint alleges that Avhile she “was engaged in or about alighting from said car at a point on said railway, to Avit, at or near the intersection of Eleventh avenue and TAventy-Fourtli Street South, in Birmingham, Ala., said car Avas started, jerked, or the speed thereof suddenly increased, and as a proximate consequence thereof plaintiff: Avas thrown or caused to fall,” etc.
Plaintiff’s testimony was to the effect that, when the car stopped at…
2Cases cited5 opinions
- North Birmingham Street Railway Co. v. CalderwoodSupreme Court of Alabama · 1889
- Brannon v. City of BirminghamSupreme Court of Alabama · 1912
- Pryor v. Louisville & Nashville RailroadSupreme Court of Alabama · 1890
- Central of Georgia Ry. Co. v. ThomasAlabama Court of Appeals · 1911
- Highland Ave. & Belt R. R. v. MaddoxSupreme Court of Alabama · 1892
3Cited by10 opinions
- Howton v. MathiasSupreme Court of Alabama · 1916
- B'ham Ry. L. & P. Co. v. GlennSupreme Court of Alabama · 1912
- Lawrenceburg Roller Mills Co. v. Chas. A. Jones & Co.Supreme Court of Alabama · 1920
- Tanner v. StateAlabama Court of Appeals · 1953
- West v. SpratlingSupreme Court of Alabama · 1920
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