Birmingham Ry. L. & P. Co. v. Donaldson
Alabama Court of Appeals
Appeal from Birmingham City Court. Heard before Hon. John H. Miller. Action by John B. Donaldson against the Birmingham Railway, Light & Power Company. Judgment for plaintiff, and defendant appeals.
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Appeal from Birmingham City Court. Heard before Hon. John H. Miller. Action by John B. Donaldson against the Birmingham Railway, Light & Power Company. Judgment for plaintiff, and defendant appeals. The following is the complaint; Count 1. Plaintiff claims of defendant * * * damages for that * * * defendant company owned and operated street cars on Nineteenth street, in the city of Birmingham, where the same intersects Sixth avenue, in said city; the defendant company or its servants or employees, acting within the line or scope of their employment by defendant, negligently allowed the tracks…
1Opinion of the Court
BROWN, J.(1) The right of the street car company to lay its tracks on the public streets carried with it the duty imposed by the statute (Code 1907, § 1269), which provides: “Street and other railroad companies shall be required to keep their tracks in repair, using such rails as may be prescribed, and shall maintain and keep in repair the streets between their rails and for eighteen inches on each side, in such manner as the council may prescribe. Any public utility using the streets of the city or town shall at all times, in the manner prescribed by the council, render the use of such…
2Cases cited27 opinions
- Louisville & Nashville Railroad v. WebbSupreme Court of Alabama · 1892
- Mayor of Birmingham v. StarrSupreme Court of Alabama · 1895
- City of Demopolis v. WebbSupreme Court of Alabama · 1888
- Sloss-Sheffield Steel & Iron Co. v. MitchellSupreme Court of Alabama · 1909
- Barrett v. City of MobileSupreme Court of Alabama · 1900
22 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Culver v. Lehigh Valley Transit Co.Supreme Court of Pennsylvania · 1936
- Barnett v. StateAlabama Court of Appeals · 1917
- Salmon v. SalmonAlabama Court of Appeals · 1915
- Rains v. Ethridge-Atkins Motor Co.Supreme Court of Alabama · 1930
- Southern Ry. Co. v. QuillenSupreme Court of Alabama · 1948
2 more not listed; retrieve them via the Exa API.