Selma Street & Surburban Ry. Co. v. Campbell
Supreme Court of Alabama
Appeal from Selma City Court. Heard before Hon. J. W. M*vbry. Action by J. G-.' Campbell against the Selma Street & Suburban Railway Company for damages for personal injury. From a judgment for plaintiff, defendant ap- peals.
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Appeal from Selma City Court. Heard before Hon. J. W. M*vbry. Action by J. G-.' Campbell against the Selma Street & Suburban Railway Company for damages for personal injury. From a judgment for plaintiff, defendant ap- peals. The complaint was in the following language: Count 1: “Plaintiff claims of defendant the sum of $1,500 as damages, to wit: That on the 5th day of April. 1907, defendant corporation was engaged in operating by electric force a street railway as a common carrier of passengers in and upon the streets of Selma, in the state of Alabama, and said defendant then and there so…
1Opinion of the CourtAnderson, J.
While count 4 of the complaint charges that the motorman in charge of said car willfully, wantonly, and negligently started the car back, it does not aver a consciousness on the part of the motorman of the plaintiff’s peril, or that it was so started at a point where the starting of which was known to the motorman as being dangerous. It does not aver that the motorman knew that the plaintiff was preparing to alight or in the act of alighting when he started the car, or that people customarily transferred at that particular point. It does aver that the conductor and other employes of the…
2Cases cited7 opinions
- Louisville & Nashville Railroad v. Marbury Lumber Co.Supreme Court of Alabama · 1899
- Memphis & Charleston Railroad v. MartinSupreme Court of Alabama · 1897
- Louisville & Nashville Railroad v. OrrSupreme Court of Alabama · 1898
- Hair v. LittleSupreme Court of Alabama · 1856
- Montgomery Street Railway v. RiceSupreme Court of Alabama · 1904
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- National Park Bank v. L. & N. R. R.Supreme Court of Alabama · 1917
- Louisville & Nashville R. R. v. National Park BankSupreme Court of Alabama · 1914
- Alexander v. SmithAlabama Court of Appeals · 1911
- Rivera v. ConcepcionDistrict Court, D. Puerto Rico · 1972