Birmingham Railway Light & Power Co. v. Mosely
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. H. A. Sharpe. Action by Charles A. Moseley, administrator oE Charles S. Moseley, deceased, against the Birmingham Railway, Light & Power Company. From a judgment for plaintiff, defendant appeals. , All the counts of the complaint were stricken, except the fifth and seventh. The seventh count is sufficiently set out in the opinion.
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Appeal from Birmingham City Court. Heard before Hon. H. A. Sharpe. Action by Charles A. Moseley, administrator oE Charles S. Moseley, deceased, against the Birmingham Railway, Light & Power Company. From a judgment for plaintiff, defendant appeals. , All the counts of the complaint were stricken, except the fifth and seventh. The seventh count is sufficiently set out in the opinion. The fifth count ivas as follows: “Plaintiff, Charles A. Moseley, as administrator of the estate of Thomas S. Moseley, deceased, claims of the defendant, Birmingham Railway, Light & Power Company, a corporation,…
1Opinion of the CourtEvans, J.
This suit was brought by the appellee, Chas. A. .Moseley, as the administrator of the estate of Thomas S. Moseley, deceased, against appellant, Birmingham Railway, Light & Power Company, a corporation. Plaintiff claimed damages for the alleged negligence of one of appellant’s servants, to wit, one Cornelius, a conductor on appellant’s street railway, while in discharge of his duties as such conductor, which proximately caused the death of plaintiff’s intestate. There were many counts to the complaint, .but all of them were eliminated by the action of the lower court, except *117counts 5 and 7,…
2Cases cited8 opinions
- Louisville & Nashville Railroad v. JonesSupreme Court of Alabama · 1887
- Ensley Railway Co. v. ChewningSupreme Court of Alabama · 1890
- Louisville & Nashville Railroad v. AnchorsSupreme Court of Alabama · 1896
- Alabama Great Southern Railroad v. DavisSupreme Court of Alabama · 1898
- Brown v. BerryIllinois Supreme Court · 1868
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Reed v. Ridout's Ambulance, Inc.Supreme Court of Alabama · 1925
- The People v. ShaverIllinois Supreme Court · 1937
- Woodward Iron Co. v. LewisSupreme Court of Alabama · 1911
- Bradley v. DeatonSupreme Court of Alabama · 1922
- Powers v. GraysonSupreme Court of Alabama · 1926
3 more not listed; retrieve them via the Exa API.