Birmingham Railway L. & P. Co. v. Morris
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. H. A. Sharpe. , Action by W. C. Morris, administrator, against the Birmingham Railway, Light & Power Company for wrongful death of a child on the track. Judgment for plaintiff, and defendant appeals.
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Appeal from Birmingham City Court. Heard before Hon. H. A. Sharpe. , Action by W. C. Morris, administrator, against the Birmingham Railway, Light & Power Company for wrongful death of a child on the track. Judgment for plaintiff, and defendant appeals. The ninth count of the complaint is as follows: “Plaintiff claims of the defendant corporation $35,000 as damages, for that on, to-wit, the 20th day of May, 1905, defendant was engaged in the business of a common carrier of passengers for hire in Jefferson county, Ala., a-nd in propelling cars by means of electricity in said county and state,…
1Opinion of the CourtMcCLELLAN, J.
— Counts 1, 3, 4, and 7 of the complaint were stricken on demurrer. Counts 2, 5, 6, 8, and 10 were. eliminated from the jury’s consideration by charges requested by the defendant. The trial was had alone on count 9. The reporter will set out the count.
The plaintiff’s intestate was Evanda Pearson. At the time of her death she was 11 years and 5 months of age. She, with a younger sister, had taken a car of the defendant for Cain Station in Avondale on defendant’s line, and had been carried by the station. The conductor’s .attention was called to the fact. The car was stopped about 200 yards…
2Cases cited21 opinions
- Fonda v. St. Paul City Railway Co.Supreme Court of Minnesota · 1898
- Stevens v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1904
- Warner v. Baltimore & Ohio RailroadSupreme Court of the United States · 1897
- Lake Shore & Michigan Southern Railway Co. v. WardIllinois Supreme Court · 1891
- Louisville & Nashville Railroad v. YoungSupreme Court of Alabama · 1907
16 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Anderson v. StateSupreme Court of Alabama · 1922
- Southern Ry. Co. v. DicksonSupreme Court of Alabama · 1924
- Louisville & Nashville R. R. v. HollandSupreme Court of Alabama · 1911
- Birmingham Southern R. Co. v. HarrisonSupreme Court of Alabama · 1919
- Birmingham R. L. & P. Co. v. SaxonSupreme Court of Alabama · 1912
11 more not listed; retrieve them via the Exa API.