Birmingham Ry., Light & Power Co. v. Kyser
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; John H. Miller, Judge. Action by George P. ICyser, as administrator, against the Birmingham Railway, Light & Power Company for damages for the death of his intestate. Judgment for plaintiff, and defendant appeals.
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Appeal from Circuit Court, Jefferson County; John H. Miller, Judge. Action by George P. ICyser, as administrator, against the Birmingham Railway, Light & Power Company for damages for the death of his intestate. Judgment for plaintiff, and defendant appeals. The first count sets out that the defendant occupied in the conduct of its business a building in the city of Birmingham located at the northeast corner of First avenue and Twenty-First street which was three stories or more in height, not including the basement; that on the 8th day of May, 1914, while plaintiff’s intestate ivas in the…
1Opinion of the CourtAnderson, C. J.
[1,2] Count 1 of the complaint was not subject to defendant’s demurrer. B. R., L. & P. Co. v. Buff, 77 South. 388. Nor was count 5 subject to the demurrer. B. R., L. & P. Co. v. Milbrat, 78 South. 224. Count 5 in the case at bar is not quite so broad in averment as was a similar count in the Milbx’at Case, but it contains enough to show that the defendant was such an owner, proprietor, or manager of the building as contemplated by the statute under the construction given same in said case.
Count 6 is based upon an ordinance of the city of Birmingham there set out (and which will he set out in…
2Cases cited10 opinions
- Yick Wo v. HopkinsSupreme Court of the United States · 1886
- City Council v. WestSupreme Court of Alabama · 1907
- Whaley v. StateSupreme Court of Alabama · 1909
- Wilkinson v. StilesSupreme Court of Alabama · 1917
- Lindsay v. Mayor of AnnistonSupreme Court of Alabama · 1893
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Woco Pep Co. of Montgomery v. City of MontgomerySupreme Court of Alabama · 1925
- Alabama Public Service Commission v. Mobile Gas Co.Supreme Court of Alabama · 1925
- City of Birmingham v. Louisville N. R. Co.Supreme Court of Alabama · 1926
- Board of Revenue of Jefferson County v. HewittSupreme Court of Alabama · 1921
- City Cleaning Co. v. Birmingham Waterworks Co.Supreme Court of Alabama · 1920
7 more not listed; retrieve them via the Exa API.