Legal Opinion

Green v. Birmingham Railway, Light & Power Co.

Supreme Court of Alabama

Decided June 11, 1914PublishedCited by 3 opinions

Appeal from Jefferson Circuit Court. Heard before Hon. C. B. Smith. Action by Laura L. Green against the Birmingham, Light & Power Company, for damages for injuries to her while a passenger. Judgment for defendant and plaintiff appeals. The court erred in giving charges G and H for defendant.-—So. By. v. Hobbs, 151 Ala. 351; Smiley v. Hooper, 147 Ala. 646; So. By.

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Appeal from Jefferson Circuit Court. Heard before Hon. C. B. Smith. Action by Laura L. Green against the Birmingham, Light & Power Company, for damages for injuries to her while a passenger. Judgment for defendant and plaintiff appeals. The court erred in giving charges G and H for defendant.-—So. By. v. Hobbs, 151 Ala. 351; Smiley v. Hooper, 147 Ala. 646; So. By. Go. v. Bobinson, 62 South. 813. Charge C has been approved in the following cases.—Behrmcm v. Newton, 103 Ala. 525; O’Connor & Go. v. Dickson, 112 Ala. 304. Charge H was properly given.—Meyrovitm v. Levy, 63 South. 933; Oalhoim v.…

1Opinion of the CourtMayfield, J.

This was an action by a female passenger, against a carrier. The wrong alleged was that *509the carrier’s agent negligently stepped upon the plaintiff’s skirts, as she was alighting from the car, and caused her to fall. The trial resulted in a verdict and judgment for defendant, from which judgment plaintiff prosecutes this appeal.

Appellant assigns three errors: The several and separate giving at the request of defendant, of three charges, G-, H, and J. These charges were as follows:

“Gr. I charge you that the burden of proof in this case is on the plaintiff, and, unless you are reasonably…

2Cases cited10 opinions

  1. Arndt v. City of CullmanSupreme Court of Alabama · 1902
  2. Alabama Great Southern Railroad v. RobinsonSupreme Court of Alabama · 1913
  3. Southern Railway Co. v. HobbsSupreme Court of Alabama · 1907
  4. Callaway & Truitt v. GaySupreme Court of Alabama · 1904
  5. Carter v. FulghamSupreme Court of Alabama · 1901

5 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Roth Shoe Mfg. Co. v. KartusAlabama Court of Appeals · 1924
  2. Duffield v. PayneCalifornia Court of Appeal · 1924
  3. Vickery v. BaggettAlabama Court of Appeals · 1924

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