Birmingham Railway Light & Power Co. v. McDonough
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. Charles W. Ferguson. Action by J. H. McDonough against the Birmingham Bailway, Light & Power Company. From a judgment for plaintiff, defendant appeals. The court erred in sustaining demurrers to defendant’s pleas. The matters set up therein could be presented only by special ple.a — Southern Ry.
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Appeal from Birmingham City Court. Heard before Hon. Charles W. Ferguson. Action by J. H. McDonough against the Birmingham Bailway, Light & Power Company. From a judgment for plaintiff, defendant appeals. The court erred in sustaining demurrers to defendant’s pleas. The matters set up therein could be presented only by special ple.a — Southern Ry. Go. v. Lynn, 121 Ala. 297. The record does not affirmatively show that the defendant had the benefit of the defense set up by special plea under the general issue and the presumption is that injury resulted from the court’s ruling. — Mitch-am v.…
1Opinion of the CourtDenson, J.
— This is a suit by a passenger against a street railway company, as a common carrier, to recover damages for an alleged unlawful ejection of the plaintiff .from a car by the conductor before the plaintiff had reached his destination. Only one assignment of error is insisted upon — that which challenges the correctness of the judgment of the court in sustaining a demurrer to plea 4.
By this plea the defense attempted to be made is, that at the time the wrongs and injuries complained of occurred the defendant was running or operating two' cars, the front one a motor car, and the rear one a…
2Cases cited8 opinions
- Hibbard v. . N.Y. and Erie R.R. Co.New York Court of Appeals · 1857
- Pullman Car Co. v. KraussSupreme Court of Alabama · 1906
- Morris v. . Atlantic Ave. R.R. Co.New York Court of Appeals · 1889
- Southern Railway Co. v. LynnSupreme Court of Alabama · 1900
- Faber v. Chicago Great Western Railway Co.Supreme Court of Minnesota · 1895
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Birmingham Ry., L. & P. Co. v. SmithAlabama Court of Appeals · 1915
- Martin v. the Rhode Island CompanySupreme Court of Rhode Island · 1911
- Birmingham Electric Co. v. RylantSupreme Court of Alabama · 1937
- Birmingham Railway Light & Power Co. v. StallingsSupreme Court of Alabama · 1908