Birmingham Railway Light & Power Co. v. Harden
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. Charles A. Senn. Action by Harvey Harden against the Birmingham Railway, Light & PoAver Company, Judgment for plaintiff and defendant appeals.
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Appeal from Birmingham City Court. Heard before Hon. Charles A. Senn. Action by Harvey Harden against the Birmingham Railway, Light & PoAver Company, Judgment for plaintiff and defendant appeals. The complaint Aims as follows: “Plaintiff claims of defendant corporation $10,000 damages, for this, to wit: On or about July 26, 1903, plaintiff was a passenger on an electric car operated by the defendant, a corporation for the public carriage of passengers; that plaintiff was in the act of alighting from one of the passenger cars operated by the defendant at a point where said car was stopped for…
1Opinion of the CourtMcGLELLAN, J.
While the judgment entry is silent in respect of the disposition made of the demurrer to the second count, which imputed wantonness, etc., to servants or agents of the defendant, yet, from the oral charge of the court, copied in the bill of exceptions, it appears that the jury was instructed that the second count had been stricken on demurrer. This excluded the count from the jury’s consideration, and no prejudicial error could have resulted to the appellant. The count was defective as charging wantonness, etc.
The court below, in its oral charge, thus correctly summarized the negligence…
2Cases cited2 opinions
- Hunter v. L. & N. R. R.Supreme Court of Alabama · 1907
- Birmingham Railway & Electric Co. v. MasonSupreme Court of Alabama · 1902
3Cited by8 opinions
- Alabama G. S. R. R. v. FlinnSupreme Court of Alabama · 1917
- Baldwin v. GainesSupreme Court of Vermont · 1917
- Sloss-Sheffield Steel & Iron Co. v. StewartSupreme Court of Alabama · 1911
- Tennessee Coal, Iron R. Co. v. WilhiteSupreme Court of Alabama · 1924
- Southern Ry. Co. v. MorganSupreme Court of Alabama · 1912
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