Melton v. Birmingham Railway Light & Power Co.
Supreme Court of Alabama
Atteal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Personal injury action by Susie R. Melton against the Birmingham Railway, Light & Power Company. From an order granting defendant a new trial on verdict and judgment for plaintiffff, plaintiff appeals. The judgment of the court in overruling defendant’s demurrers to counts 1 and 2 of plaintiff’s complaint, was without error.— Armstrong v. Montgomery St. Ry. Go., 123 Ala. 233; Bir. Ry.
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Atteal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Personal injury action by Susie R. Melton against the Birmingham Railway, Light & Power Company. From an order granting defendant a new trial on verdict and judgment for plaintiffff, plaintiff appeals. The judgment of the court in overruling defendant’s demurrers to counts 1 and 2 of plaintiff’s complaint, was without error.— Armstrong v. Montgomery St. Ry. Go., 123 Ala. 233; Bir. Ry. L. & P. Go. v. Adams, 40 South. 385. The fact that the court overruled plaintiff’s demurrer to defendant’s plea, being favorable to defendant,…
1Opinion of the CourtDenson, J.
— This ■ is an action by a passenger against a common carrier to recover damages for a personal injury alleged to have been sustained by the passenger through the negligence of the carrier’s servants in and about the carriage of the passenger. The cause was tried on pleas of the general issue, contributory negligence, and assumption of risk. There were verdict and judgment for the plaintiff for $500, and from an order granting the defendant a new trial the plaintiff has taken this appeal.
*97We think there can he no doubt of the soundness of the proposition that the relation of passenger does not…
2Cases cited4 opinions
- Ala. Great Southern Railroad v. SellersSupreme Court of Alabama · 1890
- Montgomery Street Railway Co. v. MasonSupreme Court of Alabama · 1901
- Louisville & Nashville Railroad v. JohnstonSupreme Court of Alabama · 1885
- Louisville & Nashville Railroad v. CoultonSupreme Court of Alabama · 1888
3Cited by16 opinions
- Alabama Power Co. v. HallSupreme Court of Alabama · 1925
- Birmingham Railway Light & Power Co. v. AndersonSupreme Court of Alabama · 1909
- Birmingham Railway, Light & Power Co. v. O'BrienSupreme Court of Alabama · 1914
- Loggins v. . Utilities Co.Supreme Court of North Carolina · 1921
- Denver City Tramway Co. v. HillsSupreme Court of Colorado · 1911
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