Mobile Light & Railway Co. v. Hartwell
Supreme Court of Alabama
Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Bek.net. Action by Guy J. Hartwell against the Mobile Light and Railroad Company. Judgment for plaintiff, and defendant appeals.
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Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Bek.net. Action by Guy J. Hartwell against the Mobile Light and Railroad Company. Judgment for plaintiff, and defendant appeals. Count 3 was as follows: “Plaintiff claims of the defendant |500 damages, for that heretofore, to wit, on the 9th day of March, 1907, defendant was operating a certain car by means of electricity upon and along a railway on St. Francis street in Mobile, Alabama, and so recklessly and wantonly conducted itself in and about the management and control of said car as to be the proximate cause of a…
1Opinion of the CourtDowdell, C. J.
— The third count of the complaint, added by way of amendment, was not open to the grounds of demurrer interposed, whatever of defect, if any, if might otherwise have possessed.
Issue was joined on the defendant’s ideas of contributory negligence. The evidence without conflict established the pleas, and the court should have given the two written charges requested by the defendant.
The complaint rested upon the initial negligence of the defendant. There was no issue, in the pleading or otherwise, of subsequent negligence after discovery of peril; nor was there any such proof.
For the errors…
2Cited by1 opinion
- Milliken v. RogerSupreme Court of Louisiana · 1916