B'ham Ry. L. & P. Co. v. Coleman
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Action by Belton W. Coleman against the Birmingham Railway, Light & Power Company for assault and battery. Judgment for plaintiff, and defendant appeals.
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Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Action by Belton W. Coleman against the Birmingham Railway, Light & Power Company for assault and battery. Judgment for plaintiff, and defendant appeals. At the request of plaintiff the court gave the following charges: “(3) The court charges you, gentlemen of the jury, that there is no justification showfi by the evidence in this case for the use of any abusive language by the conductor towards the plaintiff. “(4) The court charges you that the assault with a pistol on plaintiff by the conductor, which the undisputed…
1Opinion of the Court
de GRAFFENRIED, J.
Belton W. Coleman brought this suit against the Birmingham Railway, Light & *482Power Company, which operates a line of street cars in the city of Birmingham, to recover damages which said Coleman claims he sustained on account of certain abusive language which it is alleged was used towards him, and on account of an alleged assault with a pistol which was made upon him by a conductor of said Birmingham Railway, Light & Power Company while said Coleman was a passenger on one of its street cars.
There were two counts to the complaint. The first count charged the abusive language,…
2Cases cited13 opinions
- Wilkinson v. SearcySupreme Court of Alabama · 1884
- Birmingham Railway & Electric Co. v. BairdSupreme Court of Alabama · 1900
- Montgomery & Eufaula Railway Co. v. MalletteSupreme Court of Alabama · 1890
- Lienkauf & Strauss v. MorrisSupreme Court of Alabama · 1880
- Chapman v. StateSupreme Court of Alabama · 1885
8 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- City of Birmingham v. ThompsonSupreme Court of Alabama · 1981
- Shelley v. ClarkSupreme Court of Alabama · 1958
- John R. Thompson & Co. v. VildibillSupreme Court of Alabama · 1924
- Montgomery City Lines, Inc. v. HawesAlabama Court of Appeals · 1944
- Pizitz v. BloomburghSupreme Court of Alabama · 1921
11 more not listed; retrieve them via the Exa API.