Birmingham Railway, Light & Power Co. v. O'Brien
Supreme Court of Alabama
Appeal from Birmingham Circuit Court. Heard before Hon. E. C. Crowe. Action by Mrs. Annie O’Brien against the Birmingham Railway, Light & Potver Company. Judgment for plaintiff and defendant appeals. The following is the complaint: Count 1. Plaintiff claims of defendant $20,000 as damages for that, heretofore, to wit, on or about the -day of February, 1911, defendant was operating an electric railway in the city of Birmingham, running cars and carrying passengers for hire.
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Appeal from Birmingham Circuit Court. Heard before Hon. E. C. Crowe. Action by Mrs. Annie O’Brien against the Birmingham Railway, Light & Potver Company. Judgment for plaintiff and defendant appeals. The following is the complaint: Count 1. Plaintiff claims of defendant $20,000 as damages for that, heretofore, to wit, on or about the -day of February, 1911, defendant was operating an electric railway in the city of Birmingham, running cars and carrying passengers for hire. That on or about said date the plaintiff became a passenger on one of defendant’s street cars, and paid her fare. That…
1Opinion of the CourtMcCLELLAN, J.
Mrs. O’Brien, plaintiff appellee, was seriously injured under the circumstances to be stated. She boarded one of defendant’s (appellant) *621street ears, in the business district of Birmingham, to go to a home in the residence section of that city. She thus became a passenger of the common carrier. Upon arrival at her destination, Thirteenth avenue, she alighted, through the rear platform gate of the street car, on the right-hand side thereof, and turned to cross the track of the carrier a feAV feet behind the car, to go to the home, on the west side of the track, in Avkich she ivas a guest.…
2Cases cited1 opinion
- Melton v. Birmingham Railway Light & Power Co.Supreme Court of Alabama · 1907
3Cited by11 opinions
- Alabama Power Co. v. HallSupreme Court of Alabama · 1925
- Durst v. Southern Railway Co.Supreme Court of South Carolina · 1924
- Mobile Light & Railroad Co. v. PortissSupreme Court of Alabama · 1915
- Capital Motor Lines v. LoringSupreme Court of Alabama · 1939
- Loggins v. . Utilities Co.Supreme Court of North Carolina · 1921
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