Beyer v. Birmingham Ry. L. & P. Co.
Supreme Court of Alabama
Appeal from Birmingham City Court. • Heard before Hon. Charles W. Ferguson. Action by Lee Beyer against the Birmingham Kail-. Avay, Light & Power Company for damages for assault and battery. Judgment for defendant, and plaintiff appeals.
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Appeal from Birmingham City Court. • Heard before Hon. Charles W. Ferguson. Action by Lee Beyer against the Birmingham Kail-. Avay, Light & Power Company for damages for assault and battery. Judgment for defendant, and plaintiff appeals. The complaint is based on the fact that plaintiff was a passenger, and that while a passenger the conductor, agent of defendant, while in the exercise or duty of his employment, struck plaintiff Avith a pistol or other heavy instrument, inflicting the injuries complained of. The following are the pleas referred to: (2) “For further plea in answer to each…
1Opinion of the Court
SOMERVILLE, J. —
Pleas 2 and 3 assert that plaintiff and defendant’s servant were engaged in a difficulty, • as to which said servant was without fault, and that the latter attempted to repel or prevent an attack on him, *59using no more force than was reasonably necessary. We think these pleas state the essential elements of self-defense, and were therefore not subject to the demurrrs interposed.
Where the proof is that the alleged self-defender was' not in fact being assaulted, it is, of course, necessary for him .to show that he had reasonable grounds for apprehending a present assault, and his…
2Cases cited5 opinions
- Eiland v. StateSupreme Court of Alabama · 1875
- Birmingham Railway & Electric Co. v. BairdSupreme Court of Alabama · 1900
- Sullivan v. StateSupreme Court of Alabama · 1893
- Stoball v. StateSupreme Court of Alabama · 1897
- Pierson v. StateSupreme Court of Alabama · 1847
3Cited by7 opinions
- Greenwood Cafe v. WalshAlabama Court of Appeals · 1917
- State v. GoldbergNew Jersey Superior Court Appellate Division · 1951
- Standard v. StateCourt of Criminal Appeals of Alabama · 1973
- Adams v. StateAlabama Court of Appeals · 1917
- Taylor v. StateAlabama Court of Appeals · 1920
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