Birmingham Railway, Light & Power Co. v. Moore
Alabama Court of Appeals
Appeal- from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Action by Rosa Moore against the Birmingham Railway, Light & Power Company. From a judgment for plaintiff, defendant appeals. Charge 5, given for plaintiff, is as follows: “The court, instructs the jury that, if you find for plaintiff in this case, in estimating and fixing her damages, if you find she is permanently injured, you have the right to give damages for that as a distinct item.
Read the full summary
Appeal- from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Action by Rosa Moore against the Birmingham Railway, Light & Power Company. From a judgment for plaintiff, defendant appeals. Charge 5, given for plaintiff, is as follows: “The court, instructs the jury that, if you find for plaintiff in this case, in estimating and fixing her damages, if you find she is permanently injured, you have the right to give damages for that as a distinct item. If you find that there was mental suffering, you have the right to give damages for that as a distinct item. If you find that there was…
1Opinion of the CourtWalker, P. J.
The fifth charge, given at the instance of the plaintiff, asserts the right of the jury, on the sole condition of their finding for the plaintiff, to assess against the defendant sevexml classes of damages therein mentioned. For those damages to have been recoverable, they must have resulted naturally and proximately. from the breach of duty complained of. That charge was erroneous, and prejudicial to the defendant, because'of its failure to state an essential prerequisite to the existence of a right in the plaintiff to recover such damages in this action. The charge undertook to state as a…
2Cases cited2 opinions
- Birmingham Ry. Light & Power Co. v. JonesSupreme Court of Alabama · 1906
- Birmingham Ry. L. & P. Co. v. MooreSupreme Court of Alabama · 1909
3Cited by2 opinions
- Mobile City Lines, Inc. v. ProctorSupreme Court of Alabama · 1961
- Adams v. CrimmSupreme Court of Alabama · 1912