Birmingham Railway, Light & Power Co. v. Fuqua
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Action by E. A. Fuqua, as administrator, against the Birmingham Railway, Light & Power Company, for the death of his intestate, by being run over or upon by a street car on a public street. Judgment for plaintiff, and defendant appeals.
Read the full summary
Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Action by E. A. Fuqua, as administrator, against the Birmingham Railway, Light & Power Company, for the death of his intestate, by being run over or upon by a street car on a public street. Judgment for plaintiff, and defendant appeals. Count 8 was as follows: “Plaintiff claims of the defendant $30,000 as damages, for that heretofore, to-wit, on the 10th day of January, 1909, there was in force and effect in the city of Elyton, Jefferson county, Alabama, an ordinance substantially as follows: (Here follows section 8 of an…
1Opinion of the CourtDowdell, C. J.
The eighth count of the complaint to which a demurrer was interposed was unobjectionable on the ground assigned. This count set out the ordinance of the city, alleged to have been violated, in hue verba, and concluded with the averment that the ordinance “was in force and effect” at the time of the alleged injury. This in pleading, where the negligence complained of consisted in the failure to comply with a city ordinance, was sufficient and tantamount to averring that the ordinance was a valid one. In 29 Cyc. p. 568, the principle is stated as follows: “Where an injury occurs through the…
2Cases cited1 opinion
- Southern Railway Co. v. SheltonSupreme Court of Alabama · 1902
3Cited by8 opinions
- So. Ry. Co. v. StewartSupreme Court of Alabama · 1912
- Edwards v. EarnestSupreme Court of Alabama · 1921
- Hood & Wheeler Furniture Co. v. RoyalSupreme Court of Alabama · 1917
- Titus v. BraidfootSupreme Court of Alabama · 1933
- Callaway v. GriffinSupreme Court of Alabama · 1944
3 more not listed; retrieve them via the Exa API.