Birmingham Railway & Electric Co. v. Baker
Supreme Court of Alabama
Appeal' from Jefferson Circuit Court. Tried before Hon. A.' A. Coleman. This action was brought by the appellee against the appellant to recover damages for personal injuries sustained by reason of a collision between an electric car owned and operated by the defendant and a hose cart of the fire department, upon which car plaintiff was riding at the time of the accident.
Read the full summary
Appeal' from Jefferson Circuit Court. Tried before Hon. A.' A. Coleman. This action was brought by the appellee against the appellant to recover damages for personal injuries sustained by reason of a collision between an electric car owned and operated by the defendant and a hose cart of the fire department, upon which car plaintiff was riding at the time of the accident. The complaint contained two counts, which were in words and figures as follows: “Plaintiff claims of defendant ten thousand dollars as damages for that heretofore, to-wit, on January 10th, 1898, plaintiff was upon one of the…
1Opinion of the CourtHaralson, J.
— 1. Counts one and two of the complaint, the one in its averments of simple negligunee, and the other of Avanton, willful and intentional injury, have too often been held sufficient to admit of further *515consideration.—Highland Ave. & B. R. R. Co. v. Robinson. 28 So. Rep. 28; L. & N. R. R. Co. v. Brown. 121 Ala. 221; L. & N. R. R. Co. v. Orr, 121 Ala. 489; Ala. Gr. S. R. R. Co. v. Burgess, 119 Ala. 587; Armstrong v. Montgomery St. R. Co., 123 Ala. 233; So. R’y Co. v. Guyton, 122 Ala. 231.
2. Demurrers were interposed to pleas 4, 5, 6, 7 and 11 and sustained. These pleas, in substance, attempt…
2Cases cited12 opinions
- Little v. HackettSupreme Court of the United States · 1886
- Armstrong v. Montgomery Street Railway Co.Supreme Court of Alabama · 1898
- Louisville & Nashville Railroad v. OrrSupreme Court of Alabama · 1898
- Louisville & Nashville Railroad v. BrownSupreme Court of Alabama · 1898
- Seaman v. . KoehlerNew York Court of Appeals · 1890
7 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Shultz v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Davis v. StateSupreme Court of Florida · 1902
- Birmingham Southern R. Co. v. HarrisonSupreme Court of Alabama · 1919
- McBride v. Des Moines City Railway Co.Supreme Court of Iowa · 1906
- Indianapolis Traction & Terminal Co. v. HensleyIndiana Supreme Court · 1917
8 more not listed; retrieve them via the Exa API.