Best Park & Amusement Co. v. Rollins
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. John C. Pugh. Action by Hattie Rollins against the Best Park & Amusement Company. Judgment for plaintiff, and defendant appeals. Transferred from Court of Appeals under section 6, Acts 1911, p. 449. Defendant was the proprietor of an amusement park, and operated what is known as a scenic railway.
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Appeal from Birmingham City Court. Heard before Hon. John C. Pugh. Action by Hattie Rollins against the Best Park & Amusement Company. Judgment for plaintiff, and defendant appeals. Transferred from Court of Appeals under section 6, Acts 1911, p. 449. Defendant was the proprietor of an amusement park, and operated what is known as a scenic railway. The cars were about six feet long, and when raised by a cable to the highest point, are allowed to run by gravity over a track that winds and doubles back and dips throughout its extent of about 2,300 feet. The track begins on a trestle about 40…
1Opinion of the Court
SOMERVILLE, J.(1) Conceding that the complaint in this case was defective in not showing that defendant’s servants were guilty of the negligence charged while acting within the scope or course of their employment, we think that the specifications of the demurrer do not sufficiently point out this defect. The only grounds supposedly in point are: (2) That no negligence is shown for which defendant is liable; and (5) that it is not shown how or wherein defendants servants were negligent. These grounds are very general in their terms, and are at least of ambiguous application.(2) Moreover, the…
2Cases cited2 opinions
- B'ham Ry. L. & P. Co. v. BarrettSupreme Court of Alabama · 1912
- O'Callaghan v. Dellwood Park Co.Illinois Supreme Court · 1909
3Cited by81 opinions
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- Clinton Mining Co. v. BradfordSupreme Court of Alabama · 1917
- Metropolitan Life Ins. Co. v. CarterSupreme Court of Alabama · 1924
- Birmingham Broadcasting Co. v. BellSupreme Court of Alabama · 1953
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