Sweet v. Birmingham Railway & Electric Co.
Supreme Court of Alabama
Appeal from tibe Circuit Court of Jefferson. Tried before the Hon. A. A. Coleman. This action was bornght by tlie appellant, Mrs. M. M. Sweet, against the Birmingham Railway & Electric Company, to recover damages for personal inju-juries, allegad to have been caused by the negligence of defendant’s employees. The facts of the case relating to the only question presented on the present appeal, are sufficiently stated in the opinion.
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Appeal from tibe Circuit Court of Jefferson. Tried before the Hon. A. A. Coleman. This action was bornght by tlie appellant, Mrs. M. M. Sweet, against the Birmingham Railway & Electric Company, to recover damages for personal inju-juries, allegad to have been caused by the negligence of defendant’s employees. The facts of the case relating to the only question presented on the present appeal, are sufficiently stated in the opinion. There were verdict and judgment for the defendant. The plaintiff appeals:, and assigns as error the giving of general affirmative charge requested by the…
1Opinion of the CourtSharpe, J.
Tbis action is to recover for injuries alleged to have been inflicted on the plaintiff by negligent. conduct of the defendant while acting- in the capacity of a common carrier. Defendant pleaded the general issue and contributory negligence. At defendant’s request, the court charged in writing, “If the jury believe the evidence in this case, they will find a verdict for the defendant,” and the propriety of that charge is the only matter here in question.
The train by which the injury occurred was used by defendant for carrying passengers between Bessemer and Birmingham and along certain…
2Cases cited5 opinions
- Watkins v. Birmingham Railway & Electric Co.Supreme Court of Alabama · 1897
- Montgomery & Eufaula Railroad v. StewartSupreme Court of Alabama · 1890
- Highland Avenue & Belt Railroad v. BurtSupreme Court of Alabama · 1890
- McDonald v. . Long Island R.R. Co.New York Court of Appeals · 1889
- Birmingham Railway & Electric Co. v. JamesSupreme Court of Alabama · 1898
3Cited by12 opinions
- Birmingham Electric Co. v. ClevelandSupreme Court of Alabama · 1927
- Birmingham Railway L. & P. Co. v. JungSupreme Court of Alabama · 1909
- Whistle Bottling Co. v. SearsonSupreme Court of Alabama · 1922
- Mobile Light R. Co. v. EllisSupreme Court of Alabama · 1923
- Birmingham & Atlantic R. R. v. NorrisAlabama Court of Appeals · 1912
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