Birmingham Railway, Light & Power Co. v. Norris
Alabama Court of Appeals
Appeal from Birmingham City Court. Heard before Hon. Charles A. Senn. Action'by M. L. Norris 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. Charles A. Senn. Action'by M. L. Norris against the Birmingham Railway, Light & Power Company for assault and battery/ Judgment for plaintiff, and defendant appeals. With the exception of the-sixth, seventh, and eighth assignments of error, the opinion contains a sufficient statement of the facts; The sixth assignment is as follows: “The court erred in refusing the following charge: ‘If you believe the evidence, I charge you that "you cannot award, the plaintiff any damages for injury to his character.’ ” Assignment 7: “The court erred in…
1Opinion of the CourtWalken, P. J.
This was an action brought by the appellee, who had been a conductor of one of the appellant’s street cars, for an alleged wrongful assault and battery committed upon him by one Nolan, who was ■a superior officer, designated the “dispatcher,” in the ■appellant’s service. There was evidence tending to show that the dispatcher charged the appellee, in the presence •of the passengers on the car, with having failed to register all the fares collected by him on the trip, he was making, and thereupon jerked from his cap the conductor’s badge, and pushed or shoved him off the car.
The court was not…
2Cases cited12 opinions
- Ala. Great Southern Railroad v. FrazierSupreme Court of Alabama · 1890
- Birmingham Southern Railway Co. v. LintnerSupreme Court of Alabama · 1904
- Conklin v. Consolidated Railway Co.Massachusetts Supreme Judicial Court · 1907
- Kelley v. KelleyIndiana Court of Appeals · 1893
- Keiser v. SmithSupreme Court of Alabama · 1882
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3Cited by5 opinions
- Metropolitan Life Ins. Co. v. CarterSupreme Court of Alabama · 1924
- Birmingham Transfer & Traffic Co. v. StillAlabama Court of Appeals · 1913
- Atlantic Coast Line Ry. Co. v. JonesAlabama Court of Appeals · 1913
- Lamb v. WoodryOregon Supreme Court · 1936
- Sherrill v. NaylorAlabama Court of Appeals · 1939