Appel v. Selma Street & Suburban Railway Co.
Supreme Court of Alabama
Appeal from Dallas Circuit Court. Heard before Hon. B. M. Miller. Action by B. Appel against the Selma Street & Suburban Railway Company. Prom a judgment for defendant, plaintiff appeals.
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Appeal from Dallas Circuit Court. Heard before Hon. B. M. Miller. Action by B. Appel against the Selma Street & Suburban Railway Company. Prom a judgment for defendant, plaintiff appeals. The following is the complaint: Count 1: “Plaintiff claims of the defendant the sum of $10,000 as damages, for that, whereas, heretofore, to wit, on the 24th day of December, 1910, the defendant was engaged in the business of a common carrier of passengers, and operated street cars propelled by electricity along and over the public streets of the city of Selma, in Dallas county, Alabama, and that on said…
1Opinion of the CourtSayre, J.
This was a suit by appellant against appellee on account of injuries done to appellant’s per*466son and property by a collision with defendant’s street car.
Tbe trial court erred in sustaining a demurrer to count 8 of the complaint.- This count was intended to charge wanton, wrong. Mutatis mutandis, it follows count 4 which was held good in Southern Railway v. Hyde, 164 Ala. 162, 51 South. 368. The burden of the demurrer is that the count fails to aver, or show by necessary inference, that defendant’s agent in charge of the car was conscious at the time that people were then and there crossing the…
2Cases cited12 opinions
- Central of Georgia Railway Co. v. FosheeSupreme Court of Alabama · 1899
- State ex rel. Meyer v. GreeneSupreme Court of Alabama · 1908
- Louisville & Nashville Railroad v. AnchorsSupreme Court of Alabama · 1896
- Lehman v. RobinsonSupreme Court of Alabama · 1877
- Birmingham Mineral Railroad v. JacobsSupreme Court of Alabama · 1890
7 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Alabama City, Gadsden & A. Ry. Co. v. BessiereSupreme Court of Alabama · 1914
- Crider v. Yolande Coal & Coke Co.Supreme Court of Alabama · 1921
- Sloss-Sheffield Steel & Iron Co. v. WillinghamSupreme Court of Alabama · 1940
- Southern Ry. Co. v. HarrisSupreme Court of Alabama · 1922
- Louisville N. R. Co. v. WatsonSupreme Court of Alabama · 1922
15 more not listed; retrieve them via the Exa API.