Montgomery Street Railway Co. v. Shanks
Supreme Court of Alabama
Appeal from tlie City Court of Montgomery. Tried before the Hon. A. D. Sayre. This was an action brought by the appellee, Mrs. E. A. Shanks, against the appellant, the Montgomery Street Railway Company, to recover damages for personal injuries, alleged to liave been sustained by reason of the defendant’s negligent operation of a street car, along a street of tlie city of Montgomery.
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Appeal from tlie City Court of Montgomery. Tried before the Hon. A. D. Sayre. This was an action brought by the appellee, Mrs. E. A. Shanks, against the appellant, the Montgomery Street Railway Company, to recover damages for personal injuries, alleged to liave been sustained by reason of the defendant’s negligent operation of a street car, along a street of tlie city of Montgomery. Tlie complaint contained but one count, in which the plaintiff claimed $2,500 damages, and the substance of the averments of this count is sufficiently shown in the opinion. The defendant demurred to the…
1Opinion of the Court
SHARPE, J. —
By this action plaintiff seeks to recover for personal injuries claimed to have been sustained through defendant’s negligent operation of a street car.
In the complaint it is alleged in substance, that on a street in Montgomery, a horse harnessed to a buggy in which plaintiff was sitting, backed the vehicle on or near to defendant’s railway in front of an approaching car which was in control of defendant’s motorman, and that “ while the motorman in charge of the car was a long-way from plaintiff, to-wit, more than one hundred feet, he observed or could have observed” her situation,…
2Cases cited5 opinions
- Louisville & Nashville Railroad v. MarkeeSupreme Court of Alabama · 1893
- Southern Railway Co. v. BushSupreme Court of Alabama · 1898
- Birmingham Union Railway Co. v. HaleSupreme Court of Alabama · 1890
- Birmingham Railway & Electric Co v. FranscombSupreme Court of Alabama · 1899
- Montgomery Street Railway Co. v. HastingsSupreme Court of Alabama · 1903
3Cited by13 opinions
- Fishburn v. Burlington & Northwestern Railway Co.Supreme Court of Iowa · 1905
- Stowers Furniture Co. v. BrakeSupreme Court of Alabama · 1908
- Davis v. SmithermanSupreme Court of Alabama · 1923
- Lowery v. JonesSupreme Court of Alabama · 1929
- Taylor v. LewisSupreme Court of Alabama · 1921
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