Birmingham Railway, Light & Power Co. v. Ozburn
Alabama Court of Appeals
Appeal from Birmingham Oity Court. Heard before Hon. C. W. Ferguson. • Action by H. F. Ozburn against the Birmingham Railway, Light & Power Company for damages to an automobile caused by a collision with one of its electric cars at a public crossing. Judgment for plaintiff and defendant appeals. The provisions of section 5473, Code 1907, have no application to interurban railroads operated by electricity. — Jacobs v. Birin.
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Appeal from Birmingham Oity Court. Heard before Hon. C. W. Ferguson. • Action by H. F. Ozburn against the Birmingham Railway, Light & Power Company for damages to an automobile caused by a collision with one of its electric cars at a public crossing. Judgment for plaintiff and defendant appeals. The provisions of section 5473, Code 1907, have no application to interurban railroads operated by electricity. — Jacobs v. Birin. Min., 92 Ala. 187. The court erred in refusing the 5th charge. — Anniston E. & G. Go. v. Rosen, 159 Ala. 195; B. R. L. & P. Go. v. Hcuyes, 153 Ala. 174. As shown by the…
1Opinion of the CourtWalker, P. J.
The injury complained of resulted from a collision between the defendant’s (appellant here) electric street car and an automobile at a point on defendant’s line between Birmingham and Bessemer where it crossed a public road. The place of the collision- was 6 or 7 miles from Birmingham; the distance between Birmingham and Bessemer by that, line being between 12 and 13 miles. It does not appear from the evidence that the road crossing was within the limits of any village, town, or city. The evidence was in conflict as to what, if any, signals were given by the *401motorman in approaching the…
2Cases cited4 opinions
- Louisville & Nashville Railroad v. AnchorsSupreme Court of Alabama · 1896
- Birmingham Mineral Railroad v. JacobsSupreme Court of Alabama · 1890
- Birmingham Southern Railroad v. PowellSupreme Court of Alabama · 1902
- Dean v. StateSupreme Court of Alabama · 1907
3Cited by8 opinions
- Stem v. Nashville Interurban Ry.Tennessee Supreme Court · 1919
- Appel v. Selma Street & Suburban Railway Co.Supreme Court of Alabama · 1912
- Pullman-Standard Car Mfg. Co. v. StateSupreme Court of Alabama · 1950
- Sellers v. Galveston, H. & S. A. Ry. Co.Court of Appeals of Texas · 1918
- Selma Street & Suburban Ry. Co. v. MartinAlabama Court of Appeals · 1911
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