Birmingham Railway Light & Power Co. v. Oden
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Action by Delia Oden against tbe Birmingham Railway, Light & Power Company. Prom a judgment for plaintiff, defendant appeals.
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Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Action by Delia Oden against tbe Birmingham Railway, Light & Power Company. Prom a judgment for plaintiff, defendant appeals. The complaint was as follows: Count 1: “Plaintiff claims of the defendant, Birmingham Railway, Light & Power Company, a private corporation, the sum of fire thousand dollars ($5,000.-00) damages, in this: That on and prior to the 4th day of September, 1907, the defendant was a common carrier of passengers by means of street cars from Birmingham, Alabama, to East Thomas, Alabama. That on, to wit, the…
1Opinion of the CourtDowdell, C. J.
The complaint contained three counts. At the conclusion of the evidence, the third count, based on wantonness, was at the instance and request of the defendant charged out.
The first and second counts counted on simple negligence. In each of ‘these counts the relation of passenger and common carrier was averred which, in law, raised up a duty of safe carriage by the carrier; and in their averments, both in respect to duty and to negligence on the part of the carrier, when measured by the rule repeatedly declared in our decisions as to the pleadings in such a case, were sufficient, and not…
2Cases cited5 opinions
- Kansas City, Memphis & Birmingham Railway Co. v. MatthewsSupreme Court of Alabama · 1904
- Birmingham Railway Light & Power Co. v. WiseSupreme Court of Alabama · 1906
- Southern Railway Co. v. HubbardSupreme Court of Alabama · 1896
- Birmingham Ry. Light & Power Co. v. BennettSupreme Court of Alabama · 1905
- Birmingham Railway Light & Power Co. v. LavenderSupreme Court of Alabama · 1908
3Cited by12 opinions
- Birmingham Railway, Light & Power Co. v. GonzalezSupreme Court of Alabama · 1913
- Birmingham Railway, Light & Power Co. v. BushSupreme Court of Alabama · 1911
- Grasselli Chemical Co. v. DavisSupreme Court of Alabama · 1909
- Alabama Power Co. v. BodineSupreme Court of Alabama · 1925
- Martin v. BainesSupreme Court of Alabama · 1928
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