Montgomery Light & Traction Co. v. Harris
Supreme Court of Alabama
Appeal from Montgomery Circuit Court. Heard before Hon. W. W. Pearson. Action by Ezekiel Harris against the Montgomery Light & Traction Company, for damages for personal injuries. Judgment for plaintiff and defendant appeals.
1Opinion of the CourtMayfield, J.
The action is to recover damages for personal injuries. The trial was had on two counts, “1” and “A,” each being predicated on simple negligence. To these counts the defendant pleaded the general issue, and, in short by consent, contributory negligence. The issues were found in favor of plaintiff, and his damages assessed at $3,000, and from the judgment'defendant appeals.
The evidence was conflicting as to whether or not plaintiff was guilty of negligence which proximately contributed to his injury, and also conflicting as to the nature and character of the injuries, as well as to whether all…
2Cases cited4 opinions
- Birmingham Railway, Light & Power Co. v. FoxSupreme Court of Alabama · 1911
- Holland v. Tenn. Coal, Iron & RailroadSupreme Court of Alabama · 1890
- Birmingham Railway, Light & Power Co. v. BynumSupreme Court of Alabama · 1903
- Southern Railway Co. v. ArnoldSupreme Court of Alabama · 1896
3Cited by5 opinions
- McCaa v. ThomasSupreme Court of Alabama · 1922
- Preston v. LaSalle Apartments, Inc.Supreme Court of Alabama · 1941
- Shafer v. MyersSupreme Court of Alabama · 1927
- Carter v. Ne-Hi Bottling Co.Supreme Court of Alabama · 1933
- Smith v. CrenshawSupreme Court of Alabama · 1930