Zealy v. Birmingham Railway & Electric Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson, Tried before the Hon. 8. H. Sprott. This action was brought by the appellant, Hattie O. Zealy, against the Birmingham Bailway & Electric Company, on August 2, 1890, to recover damages for personal injuries, alleged to have been sustained by the plaintiff by reason of the negligence of the Birmingham Union Bailway Company, or its employes.
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Appeal from the Circuit Court of Jefferson, Tried before the Hon. 8. H. Sprott. This action was brought by the appellant, Hattie O. Zealy, against the Birmingham Bailway & Electric Company, on August 2, 1890, to recover damages for personal injuries, alleged to have been sustained by the plaintiff by reason of the negligence of the Birmingham Union Bailway Company, or its employes. Each of the counts of the complaint, as amended, averred that “the plaintiff claims of the defendant, a corporation organized under the laws of Alabama, by the consolidation on, towit, the 5th day of May, 1890,…
1Opinion of the CourtMoCLELLAN, J.
This action is for personal injuries resulting to the plaintiff, Hattie O. Zealy, for negligence on the part of The Birmingham Union Railway Company, or its employes. The suit is against the Birmingham Bail-way and Electric Company, on the theory that after the injuries were received, and before the institution of the suit,the negligent corporation was, with several other corporations, cosolidated, forming the. defendant corporation, which latter concern thereby assumed the liability now sought to be enforced, though primarily it rested solely, of course, on the Birmingham Union Bailway Co.…
2Cited by3 opinions
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