Birmingham Railway, Light & Power Co. v. Mindler
Alabama Court of Appeals
Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Crow. Action by Amelia Mindler against the Birmingham Railway, Light & Power Company for damage to her as a passenger, received while alighting from one of its cars. Judgment for plaintiff, and defendant appeals.
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Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Crow. Action by Amelia Mindler against the Birmingham Railway, Light & Power Company for damage to her as a passenger, received while alighting from one of its cars. Judgment for plaintiff, and defendant appeals. The pleas referred to are as follows: (2) “For further answer to each count of plaintiff’s complaint, separately and severally, defendant says that plaintiff was herself guilty of negligence which proximately contributed to her alleged injuries, which negligence consisted in this: The plaintiff negligently attempted to…
1Opinion of the CourtWalker, P. J.
The second and third pleas each detailed the conduct of the plaintiff: in attempting to alight from the moving car which was relied on to sustain the conclusion therein averred that she was guilty of negligence which proximately contributed to the injury complained of. Looking to the averment of facts, and not alone to the conclusion of the pleader deduced therefrom, the court is of the opinion that each of those pleas disclosed a state of facts to which the law attaches the conclusion, expressed by the pleader, that the plaintiff was guilty of negligence proximately contributing to her…
2Cases cited8 opinions
- Kansas City, Memphis & Birmingham Railroad v. CrockerSupreme Court of Alabama · 1891
- Southern Railway Co. v. BushSupreme Court of Alabama · 1898
- Osborne v. Alabama Steel & Wire Co.Supreme Court of Alabama · 1902
- Watkins v. Birmingham Railway & Electric Co.Supreme Court of Alabama · 1897
- Hunter v. L. & N. R. R.Supreme Court of Alabama · 1907
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