Birmingham Railway, Light & Power Co. v. Selhorst
Supreme Court of Alabama
Injury to Passenger. Appeal from Birmingham City Court. Heard before Hon. Charles A. Senn. Action by George Selhorst against the Birmingham Railway, Light & Power Company. From a judgment for plaintiff, defendant appeals.
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Injury to Passenger. Appeal from Birmingham City Court. Heard before Hon. Charles A. Senn. Action by George Selhorst against the Birmingham Railway, Light & Power Company. From a judgment for plaintiff, defendant appeals. The complaint is in the following language: “(1) Plaintiff claims of the defendant the sum of $5,000 damages, for that heretofore, on, to wit, about the 31st day of October, 1905, the defendant was, among other things, engaged in carrying passengers for hire between Birmingham and Powderly, and intervening points; that on or about said day the plaintiff, at or about…
1Opinion of the Court
ANDERSON, .•
— It is true that count 1 does not aver that the car had come to a stop when the plaintiff attempted to board same, and it may be that the defendant owed no duty to the plaintiff not to jerk the car under the circumstances detailed, unless the servants knew that plaintiff was attempting to get on same; but the averment that they negligently jerked or lurched same would imply notice of the plaintiff’s position. Nor do we think the count bad for failing to aver the relationship of the parties. It may not aver in words that defendant was a public carrier of passengers; but it does…
2Cases cited5 opinions
- Osborne v. Alabama Steel & Wire Co.Supreme Court of Alabama · 1902
- Creola Lumber Co. v. MillsSupreme Court of Alabama · 1906
- Dunn & Lallande Bros. v. GunnSupreme Court of Alabama · 1906
- Birmingham Railway Light & P. Co. v. HaggardSupreme Court of Alabama · 1908
- Birmingham Ry. L. & P. Co. v. DickersonSupreme Court of Alabama · 1908
3Cited by7 opinions
- Birmingham Railway, Light & Power Co. v. GonzalezSupreme Court of Alabama · 1913
- Leonard v. LeonardSupreme Court of Alabama · 1978
- Western Railway v. MaysSupreme Court of Alabama · 1916
- Jordan v. Ala. C. G. & A. Ry. Co.Supreme Court of Alabama · 1912
- Montgomery Light & Traction Co. v. DevinneySupreme Court of Alabama · 1917
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