Birmingham Railway Light & Power Co. v. Hayes
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Action by E. L. Hayes against the Birmingham Railway, Light & Power Company for personal injuries. From a judgment for plaintiff, defendant appeals. The case was tried on counts 5, B, C, and D. Count 5 was for wanton or intentional injury.
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Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Action by E. L. Hayes against the Birmingham Railway, Light & Power Company for personal injuries. From a judgment for plaintiff, defendant appeals. The case was tried on counts 5, B, C, and D. Count 5 was for wanton or intentional injury. Count B was as follows: “(B) Plaintiff further claims of the defendant the sum of $5,000 damages, for that heretofore, to wit, on the 20th day of April, 1904, the defendant was operating a street railway system in Jefferson county, Ala., and carrying passengers thereon for hire; and…
1Opinion of the CourtAnderson, J.
— Count D charged wanton misconduct on the part of the agents or servants of the defendant, and the trial court did not err in overruling the demurrer to same.
If there was error, which we need not decide, in sustaining the objections to questions pronounded to the plaintiff, when on the stand as a witness, as to his answers to the interrogtories propounded to him under the statute, it was error without injury. The witness was a party to the cause, and no predicate had to he laid to contradict him by any previous declarations or testimony. The defendant had the right to introduce plaintiff’s…
2Cases cited12 opinions
- City Delivery Co. v. HenrySupreme Court of Alabama · 1903
- Peters v. Southern Railway Co.Supreme Court of Alabama · 1902
- Yarbrough v. StateSupreme Court of Alabama · 1894
- Johnson v. Birmingham Railway L. & P. Co.Supreme Court of Alabama · 1907
- Alabama Great Southern Railroad v. LinnSupreme Court of Alabama · 1893
7 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Alabama Great Southern Railroad v. McWhorterSupreme Court of Alabama · 1908
- Birmingham Southern R. Co. v. HarrisonSupreme Court of Alabama · 1919
- Adler v. MartinSupreme Court of Alabama · 1912
- Reaves v. MaybankSupreme Court of Alabama · 1915
- Birmingham R. L. & P. Co. v. SaxonSupreme Court of Alabama · 1912
15 more not listed; retrieve them via the Exa API.