Legal Opinion

Montgomery Street Railway Co. v. Mason

Supreme Court of Alabama

Decided November 15, 1901PublishedCited by 26 opinions

Appeal from the City Court of Montgomery. Tried before the Hou. A. D. Sayre. This was an action brought by the appellee, James M. Mason, against the appellant, the Montgomery Street Railway Company, to recover damages for personal in-, juries. The complaint contained three counts, in each of which the plaintiff claims five thousand dollars damages.

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Appeal from the City Court of Montgomery. Tried before the Hou. A. D. Sayre. This was an action brought by the appellee, James M. Mason, against the appellant, the Montgomery Street Railway Company, to recover damages for personal in-, juries. The complaint contained three counts, in each of which the plaintiff claims five thousand dollars damages. The first count of the complaint, after setting up the fact that the defendant was operating a street railway in the city of Montgomery, and that the plaintiff had taken passage upon one of the cars owned and operated by the defendant, then avers…

1Opinion of the CourtDowdell, J.

The appellee sued the appellant, the Montgomery Street Bailway, to recover damages for injuries received by him as a passenger on one of the appellant’s cars, in alighting from the car, caused by appellant’s negligence. The plaintiff recovered a judgment in the court below, and from this judgment the present appeal is prosecuted.

There are numerous assignments of error, in all, fifty-five. Some of these assignments are, however, not insisted on in argument, and such as are not insisted on, wall not he considered. The first seven relate to the rulings of the court on motions of the defendant;…

2Cases cited15 opinions

  1. Barrett v. . the Third Avenue R.R. Co.New York Court of Appeals · 1871
  2. Terre Haute & Indianapolis Railroad v. BuckIndiana Supreme Court · 1884
  3. Smith v. St. Paul City Railway Co.Supreme Court of Minnesota · 1884
  4. McGee v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
  5. Maverick v. . Eighth Avenue R.R. Co.New York Court of Appeals · 1867

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

3Cited by26 opinions

  1. Leith v. StateSupreme Court of Alabama · 1921
  2. Wood v. North Carolina Public-Service Corp.Supreme Court of North Carolina · 1917
  3. Alabama Power Co. v. HallSupreme Court of Alabama · 1925
  4. Mobile Light & R. R. v. Walsh, C.Supreme Court of Alabama · 1906
  5. Hammett v. Birmingham Ry., Light & Power Co.Supreme Court of Alabama · 1918

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

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