Montgomery Street Railway Co. v. Hastings
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. A. D. Sayre. This action was brought by the appellee, Edmund M. Hastings, against the appellant, the Montgomery Street Railway Company, to recover damages for injuries to his horse and buggy, alleged to have been caused by reason of a collision between one of the electric cars operated on the defendant’s street railway and said horse and buggy of the plaintiff.
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Appeal from the City Court of Montgomery. Tried before the Hon. A. D. Sayre. This action was brought by the appellee, Edmund M. Hastings, against the appellant, the Montgomery Street Railway Company, to recover damages for injuries to his horse and buggy, alleged to have been caused by reason of a collision between one of the electric cars operated on the defendant’s street railway and said horse and buggy of the plaintiff. There were motions to strike the whole complaint, and also motions to strike various parts thereof. Each of these motions is shown by the bill of exceptions, but it is not…
1Opinion of the CourtMcCLELLAN, C. J.
No exception appears to have been reserved to ruling on defendant’s motion to strike certain averments of the complaint.
The assignment of error based upon the overruling of the demurrers to the complaint is not supported by argument or citation of authorities in the brief, and, the complaint stating a cause of action, that ruling of the trial court need not be reviewed. We will say, however, that we are not impressed that any of the grounds of the demurrers were well taken.
The 2d plea avers that the person in charge of the horse and -buggy was guilty of negligence which proximately…
2Cases cited2 opinions
- Ward v. ReynoldsSupreme Court of Alabama · 1858
- Ala. Great Southern Railway Co. v. MoodySupreme Court of Alabama · 1890
3Cited by12 opinions
- Burnett Bean v. MillerSupreme Court of Alabama · 1921
- Hill Grocery Co. v. CaldwellSupreme Court of Alabama · 1924
- Montgomery Street Railway Co. v. ShanksSupreme Court of Alabama · 1903
- Louisville & Nashville Railroad v. BargainierSupreme Court of Alabama · 1910
- Newsome v. Louisville N.R. Co.Alabama Court of Appeals · 1924
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