Birmingham Railway, Light & Power Co. v. Daniel
Alabama Court of Appeals
Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Crow. Action by F. B. Daniel against the Birmingham Railway, Light & Power Company, for damages for injury to a horse. Judgment for plaintiff and defendant appeals. Counsel discuss the complaint as amended and insist that it was subject to the demurrer-interposed, hut cite no authority in support of their contention.
Read the full summary
Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Crow. Action by F. B. Daniel against the Birmingham Railway, Light & Power Company, for damages for injury to a horse. Judgment for plaintiff and defendant appeals. Counsel discuss the complaint as amended and insist that it was subject to the demurrer-interposed, hut cite no authority in support of their contention. The complaint was. sufficient, and the court properly overruled demurrers, thereto. — Russell v. Huntsville R. L. & P. Oo., 137 Ala... 28; O. of O. Ry. Oo. v. Edmonson, 135. Ala. 338; W. Ry.., v. Lazarus, 88 Ala. 453;…
1Opinion of the Court
de GrRAFFENRIED, J.
The first count of the complaint in this case was as follows: “The plaintiff claims of defendant the sum of $1,000 as damages for-that on, to wit, the 5th day of May, 1910, the defendant: operated an electric street railway in Birmingham, Jefferson county, Ala.; that while operating said railway on said date when at or near Thirty-eighth street and First avenue, in said city, the defendant through its-agent, to wit, its motorman, who- had charge of said car, Negligently ran said car against and Icilled a valuable-horse, the property of plaintiff. The said motorman-was…
2Cases cited1 opinion
- Russell v. Huntsville Railway, Light & Power Co.Supreme Court of Alabama · 1902