Birmingham Railway, Light & Power Co. v. Arnold
Alabama Court of Appeals
Damage for. Injury to Passenger. Appeal from Birmingham City Court. Heard before Hon. H. A. Speak®. Action by Virgie Arnold against the Birmingham Railway, Light & Power Company. Judgment for plaintiff, and defendant appeals. The following are the charges refused to defendant: “(1) You cannot award the plaintiff any damages for being carried by Canal street on the way back from Boyles, if you believe the evidence in this case.
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Damage for. Injury to Passenger. Appeal from Birmingham City Court. Heard before Hon. H. A. Speak®. Action by Virgie Arnold against the Birmingham Railway, Light & Power Company. Judgment for plaintiff, and defendant appeals. The following are the charges refused to defendant: “(1) You cannot award the plaintiff any damages for being carried by Canal street on the way back from Boyles, if you believe the evidence in this case. “(2) If you believe the evidence in this case, you cannot award the plaintiff any damages for the purpose of punishing the defendant. “(3) If you believe the evidence,…
1Opinion of the CourtThomas, J.
This was an action by the passenger against the carrier, a street railway company, for an alleged breach of duty in carrying the passenger beyond her destination. There are but two counts in the com-*524pláiht, and tlie only difference between them is that one is predicated upon1 a breach of duty in negligently carrying the passenger beyond her destination, while the other is for wantonly or intentionally doing so.
A demurrer was interposed to each count, raising, in varying phraseology, the point that the complaint fails to show that the defendant was under duty to the plaintiff to stop the car…
2Cases cited2 opinions
- Wilkinson v. SearcySupreme Court of Alabama · 1884
- Cook v. Southern Railway Co.Supreme Court of Alabama · 1907