Birmingham Railway & Electric Co. v. Mason
Supreme Court of Alabama
Appeal from t-lie Circuit Court of Jefferson. Tried before the Hon. A. A. Coleman. • This action was brought by the appellee, James Ma-. son, against the. Birmingham Railway & Electric Company, to recover damages for an assault committed upon him by an employee of the defendant, the plaintiff' claiming $5,000 damages. The facts of the case necessary to an understanding of the decision on the present appeal, are sufficiently stated in the opinion.
Read the full summary
Appeal from t-lie Circuit Court of Jefferson. Tried before the Hon. A. A. Coleman. • This action was brought by the appellee, James Ma-. son, against the. Birmingham Railway & Electric Company, to recover damages for an assault committed upon him by an employee of the defendant, the plaintiff' claiming $5,000 damages. The facts of the case necessary to an understanding of the decision on the present appeal, are sufficiently stated in the opinion. There were verdict and judgment for the plaintiff, assessing his damages at $550. The defendant appeals, and assigns as error the several rulings of…
1Opinion of the CourtHaralson, J.
The first count in the complaint avers, that “'while plaintiff was engaged in or about becoming a passenger on said car, or being carried as *344a passenger on said car, defendant’s servant or agent assaulted and abused plaintiff,” etc.
The second count avers, that while plaintiff was in said car, or engaged in or about boarding the same, defendant through its servant or agent wrongfully assaulted and abused plaintiff,” etc.
Each count was demurred to separately on the same grounds, for that it did not appear in and by said counts that the alleged agent was at the time of the assault, acting within…
2Cases cited1 opinion
- Birmingham Railway & Electric Co. v. BairdSupreme Court of Alabama · 1900
3Cited by6 opinions
- Rostad v. Portland Railway, Light & Power Co.Oregon Supreme Court · 1921
- Birmingham Ry. & Electric Co. v. MasonSupreme Court of Alabama · 1905
- Birmingham Railway Light & Power Co. v. HardenSupreme Court of Alabama · 1908
- Birmingham Railway, Light & Power Co. v. AndersonAlabama Court of Appeals · 1911
- Mobile Light R. Co. v. EllisSupreme Court of Alabama · 1922
1 more not listed; retrieve them via the Exa API.