Birmingham Ry. Light & Power Co. v. Bennett
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. A. A. Coleman. This was an action by Mary Bennett, a passenger for damages for injury received in alighting from a car of defendant. Demurrers were sustained to count 1 of the complaint. The averments of count 2 are sufficiently set out in the opinion. Count 3 counts on the negligence of the servant in charge or control of the car in starting said car suddenly while plaintiff was in the act of disembarking from the same.
Read the full summary
Appeal from Birmingham City Court. Heard before Hon. A. A. Coleman. This was an action by Mary Bennett, a passenger for damages for injury received in alighting from a car of defendant. Demurrers were sustained to count 1 of the complaint. The averments of count 2 are sufficiently set out in the opinion. Count 3 counts on the negligence of the servant in charge or control of the car in starting said car suddenly while plaintiff was in the act of disembarking from the same. The fourth count avers that plaintiff was thrown or caused to fall from the car by reason of defendants servants or…
1Opinion of the CourtAnderson, J.
The second count of the complaint charges wanton negligence against ‘defendant’s agents or servants, or some of them, in charge or control of 'said car; * * * that said servants or agents, or some of them, knowing that plaintiff was in the act of disembarking .from said car, and knowing that to start said car suddenly while plaintiff was in the act of disembarking therefrom wo-uld likely seriously injure plaintiff, yet «ai.d servants or agents, or some of them, in charge or control of said car wantonly started the same suddenly.” It was therefore insufficient, since it does not aver that all…
2Cited by5 opinions
- B'ham Ry. L. & P. Co. v. BarrettSupreme Court of Alabama · 1912
- Dwight Manufacturing Co. v. HolmesSupreme Court of Alabama · 1916
- B'ham Ry. L. & P. Co. v. CockrumSupreme Court of Alabama · 1912
- Birmingham Railway Light & Power Co. v. OdenSupreme Court of Alabama · 1909
- Birmingham Railway Light & Power Co. v. BarrettAlabama Court of Appeals · 1912