Birmingham Railway & Electric Co. v. City Stable Co.
Supreme Court of Alabama
Appeal from Birmingham City Court. Tried before Hon. Wm, W. Wilkerson. The case made by the pleadings and proof is sufficiently stated in the opinion. The defendant excepted to the following portions of the court’s oral charge: (a.) “The duty of a motorman on an electric car varies to some extent according to the locality in which he is running.
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Appeal from Birmingham City Court. Tried before Hon. Wm, W. Wilkerson. The case made by the pleadings and proof is sufficiently stated in the opinion. The defendant excepted to the following portions of the court’s oral charge: (a.) “The duty of a motorman on an electric car varies to some extent according to the locality in which he is running. He may be permitted to run at one rate of speed in the open country Avhere there are no crossings, that he Avould not be permitted to run Avhere he Avould be likely to encounter people and vehicles upon the track.” (b.) “It xvould be proper for him to…
1Opinion of the CourtBrickell, C. J.
Appellee sued to recover damages for injuries to a horse and buggy owned by it, caused by their being struck by an electric car operated by appellant while they were in the care of one Pritchard who had hired them. The demurrer to the complaint on the ground that it failed to aver the name of the motorman in charge of the car ivas properly overruled. There is no rule of pleading that requires a complaint in an action against a railroad company to recover damages fur 'injuries to one not an employe, to state the name of the person whose negligence is alleged to have caused the injury. It lias…
2Cases cited6 opinions
- Glass v. Memphis & Charleston RailroadSupreme Court of Alabama · 1891
- Louisville & Nashville Railroad v. BouldinSupreme Court of Alabama · 1895
- Nave v. Alabama Great Southern RailroadSupreme Court of Alabama · 1892
- Woodward Iron Co. v. HerndonSupreme Court of Alabama · 1896
- Central Railroad & Banking Co. v. VaughanSupreme Court of Alabama · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Birmingham Railway, Light & Power Co. v. FoxSupreme Court of Alabama · 1911
- Southern Railway Co. v. SheltonSupreme Court of Alabama · 1902
- Abingdon Mills v. GroganSupreme Court of Alabama · 1910
- Louisville & Nashville Railroad Company v. JohnsSupreme Court of Alabama · 1958
- Louisville & Nashville Railroad v. MoranSupreme Court of Alabama · 1914
11 more not listed; retrieve them via the Exa API.