Birmingham R. L. & P. Co. v. Sprague
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. John H. Miller. Action by J. M. Sprague against the Birmingham Railway, Light & Power"Company, for damages for injury to his automobile. Judgment for plaintiff and defendant appeals. (Transferred from Court of Appeals under act creating said court.)
1Opinion of the Court
MCCLELLAN, j.
The plaintiff (appellee) had judgment against the defendant (appellant) for damage to plaintiff’s auto*149mobile resulting from the alleged .negligence - of the defendant’s employees in operating a street car over a public thoroughfare in the city of Birmingham. The case went to the jury on the issues made by the averments' of the third and fifth counts of the complaint and by a general traverse thereof and pleas of contributory negligence. The third count ascribed the injury (not the destruction) of the machine to simple, initial negligence of the operative of the street car; and…
2Cases cited5 opinions
- Cobb v. MaloneSupreme Court of Alabama · 1890
- Krebs Manufacturing Co. v. BrownSupreme Court of Alabama · 1895
- Louisville & Nashville R. R. v. Mertz, Ibach &. Co.Supreme Court of Alabama · 1907
- Southern Hardware & Supply Co. v. Standard Equipment Co.Supreme Court of Alabama · 1908
- Ballanger v. ShumateAlabama Court of Appeals · 1914
3Cited by16 opinions
- Gulf, M. O. R. Co. v. SimsSupreme Court of Alabama · 1953
- Mobile Light R. Co. v. GadikSupreme Court of Alabama · 1924
- Arrick v. FanningAlabama Court of Appeals · 1950
- Pritchett v. State Farm Mut. Auto. Ins. Co.Court of Civil Appeals of Alabama · 2002
- Burnett Bean v. MillerSupreme Court of Alabama · 1921
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