Mobile Light & R. R. v. Burch
Alabama Court of Appeals
Injury to Person on Trade. Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Berney. Action by Walter Burch against the Mobile Light & Railroad Company, for damages for personal injuries. Judgment for plaintiff, and defendant appeals.
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Injury to Person on Trade. Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Berney. Action by Walter Burch against the Mobile Light & Railroad Company, for damages for personal injuries. Judgment for plaintiff, and defendant appeals. The first count after alleging defendant to be a corporation operating cars by. electricity oyer and along the public streets of the city of Mobile, and the facts showing that the track was so laid and constructed as to b'e and become a part of said street, alleges generally that the servants or agents of defendant acting within the line and…
1Opinion of the CourtThomas, J.
The complaint contains five counts, but the appellant, who was defendant below, was given the affirmative charge as to all of them except the first and third, which declared upon simple negligence in general terms. To these, the appellant filed six pleas; one of the general issue, and the others special pleas setting up contributory negligence.
The court sustained demurrers to three of these special pleas, but whether erroneously or not we need not consider, since there was certainly no injury, as the defenses set up in these pleas were practically, and to all intents and purposes, the same as…
2Cases cited10 opinions
- Leach, Harrison & Forwood v. BushSupreme Court of Alabama · 1876
- Birmingham Railway, Light & Power Co. v. WilliamsSupreme Court of Alabama · 1908
- Creola Lumber Co. v. MillsSupreme Court of Alabama · 1906
- Louisville & Nashville Railroad v. Christian Moerlein Brewing Co.Supreme Court of Alabama · 1907
- Randle v. Birmingham Railway Light & Power Co.Supreme Court of Alabama · 1908
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Fidelity-Phenix Fire Ins. Co. v. MurphySupreme Court of Alabama · 1933
- Sandell v. Des Moines City Railway Co.Supreme Court of Iowa · 1918
- City of Gadsden v. HeadSupreme Court of Alabama · 1983
- Valley Bldg. & Supply, Inc. v. LombusSupreme Court of Alabama · 1991
- Ole South Bldg. Supply Corp. v. PilgrimSupreme Court of Alabama · 1983
2 more not listed; retrieve them via the Exa API.