North Alabama Traction Co. v. Daniel
Supreme Court of Alabama
Appeal from Morgan Circuit Court. Heard before Hon. A. H. Alston. Action by Clarence E. Daniel against tbe North Alabama Traction Company. From a judgment for plaintiff, defendant appeals, Tbe complaint was in tbe following language: “Plaintiff claims of defendant tbe sum of $5,000 as damages, for that the defendant, a street railway company operating-electric cars in Decatur and New Decatur, Ala., is engaged in carrying passengers for hire.
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Appeal from Morgan Circuit Court. Heard before Hon. A. H. Alston. Action by Clarence E. Daniel against tbe North Alabama Traction Company. From a judgment for plaintiff, defendant appeals, Tbe complaint was in tbe following language: “Plaintiff claims of defendant tbe sum of $5,000 as damages, for that the defendant, a street railway company operating-electric cars in Decatur and New Decatur, Ala., is engaged in carrying passengers for hire. It is a rule or regulation of defendant to stop its care at street crossings in each of said towns for the purpose of allowing passengers to alight, and…
1Opinion of the CourtAndebson, J.
The gravamen of the complaint was the negligent failure of the defendant to transport and deliver the plaintiff, a passenger, at the place of his des*420tination, by carrying him beyond his home or by negligently causing him to debark from the car at the barn upon the return trip. The facts set out in the complaint did not constitute separate and distinct causes of action, but were mere matter’s of aggravation connected with the failure to deliver the plaintiff at his destination. If the complaint-is bad, the defect consists in prolixity, and it was not subject to the demurrer interposed.
While…
2Cases cited2 opinions
- Bessemer Land & Improvement Co. v. JenkinsSupreme Court of Alabama · 1895
- Birmingham Railway & Electric Co. v. WardSupreme Court of Alabama · 1899
3Cited by4 opinions
- McDougal v. Alabama Great Southern R. Co.Supreme Court of Alabama · 1923
- Alabama City G. & A. Ry. Co. v. CoxSupreme Court of Alabama · 1911
- Southern Ry. Co. v. PennyAlabama Court of Appeals · 1927
- North Alabama Traction Co. v. DanielAlabama Court of Appeals · 1911