Legal Opinion

Birmingham Ry., Light & Power Co. v. Kyser

Supreme Court of Alabama

Decided January 16, 1919No. 6 Div. 825Published

Appeal from Circuit Court, Jefferson County; John H. Miller, Judge. Action by George P. ICyser, as administrator, against the Birmingham Railway, Light & Power Company for damages for the death of his intestate. Judgment for plaintiff, and defendant appeals.

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Appeal from Circuit Court, Jefferson County; John H. Miller, Judge. Action by George P. ICyser, as administrator, against the Birmingham Railway, Light & Power Company for damages for the death of his intestate. Judgment for plaintiff, and defendant appeals. The first count sets out that the defendant occupied in the conduct of its business a building in the city of Birmingham located at the northeast corner of First avenue and Twenty-First street which was three stories or more in height, not including the basement; that on the 8th day of May, 1914, while plaintiff’s intestate ivas in the…

1Opinion

On Rehearing.

ANDERSON, G. J.

[6, 7] Upon a reconsideration of the ordinance, the court concludes that it does not give the fire board an arbitrary discretion in requiring or exempting buildings from fire escapes. The ordinance provides for certain kinds of fire escapes on all buildings over two stories high, except fireproof buildings or those which at the time had adequate escapes in case of fire. In other words, it deals with three classes, buildings over two stories high which have no adequate fire escapes, fireproof buildings, and buildings which already have adequate fire escapes, the…

2Cases cited14 opinions

  1. Fischer v. St. LouisSupreme Court of the United States · 1904
  2. State ex rel. Crumpton v. MontgomerySupreme Court of Alabama · 1912
  3. Arms v. AyerIllinois Supreme Court · 1901
  4. Wilson v. Eureka CitySupreme Court of the United States · 1899
  5. State ex rel. Collman v. PittsSupreme Court of Alabama · 1909

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