Birmingham Railway, Light & Power Co. v. Gonzalez
Supreme Court of Alabama
Appeal from Birmingham City Court. Action by Mrs. Mary H. Gonzalez against the Birmingham Railway, Light & Power Company, for damages for injuries received while a passenger. Judgment for plaintiff and defendant appeals.
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Appeal from Birmingham City Court. Action by Mrs. Mary H. Gonzalez against the Birmingham Railway, Light & Power Company, for damages for injuries received while a passenger. Judgment for plaintiff and defendant appeals. The court erred in overruling demurrers to the first count of complaint. — B. R. L. cG P. Co. vJt Parker, 156 Ala. 251; Same v. Weathers, 51 South. 303; Mobile L. cG P. (7o. v. Bell, 153 Ala. 90. The court erred in sustaining demurrer to defendant’s plea 5. — Pace v. L. cG _Y., 52 South. 52; Turner v. L. cG N., 50 South. 124. On the same authorities the court erred in…
1Opinion of the CourtSomerville, J.
— The first count of the complaint alleges that plaintiff was a passenger on one of defendant’s cars, her destination being Sixth avenue and Twenty-Third Street North, in Birmingham; and that “while plaintiff was in the act of alighting or disembarking from said car it started forward with a sudden, violent jerk, throwing her with great force and violence down to and upon the floor of the car, injuring her,” etc. The concluding averment is “that her said injuries were proximately caused by the negligence of the defendant in the negligent manner in which it ran or operated its said car.”
Defenda…
2Cases cited16 opinions
- Cross v. StateSupreme Court of Alabama · 1881
- Birmingham Railway, Light & Power Co. v. DrennenSupreme Court of Alabama · 1911
- Louisville & Nashville R. R. v. HollandSupreme Court of Alabama · 1911
- Birmingham Ry. Light & Power Co. v. MooreSupreme Court of Alabama · 1906
- Birmingham Railway, Light & Power Co. v. JordanSupreme Court of Alabama · 1910
11 more not listed; retrieve them via the Exa API.
3Cited by163 opinions
- Anderson v. StateSupreme Court of Alabama · 1922
- Fuller v. StateSupreme Court of Alabama · 1959
- Kilcrease v. HarrisSupreme Court of Alabama · 1972
- Washington v. StateSupreme Court of Alabama · 1953
- Birmingham Baptist Hospital, Inc. v. BlackwellSupreme Court of Alabama · 1930
158 more not listed; retrieve them via the Exa API.