Birmingham Ry. L. & P. Co. v. Jackson
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. A. H. Alston. Action by Irene Jackson and another, as administrators, against the Birmingham Bailway, Light & Power Company. From judgment for plaintiffs, defendant appeals.
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Appeal from Birmingham City Court. Heard before Hon. A. H. Alston. Action by Irene Jackson and another, as administrators, against the Birmingham Bailway, Light & Power Company. From judgment for plaintiffs, defendant appeals. Suit by Irene Jackson and another,' as administrators of the estate of Ed Jackson, deceased, against appellant, for recovery of damages for the death of their intestate, caused by his coming in contact with a live wire hanging from a pole of appellant’s electric line and exposed on one of the public streets of the city of Birmingham. This is the second appeal in this…
1Opinion of the Court
GARDNER, J.—(1) The first count relies for recovery upon simple negligence on the part of defendant, by its servants or agents while acting in the line and scope of their employment, in leaving a live wire exposed on one of the public streets of the city of Birmingham, with which wire plaintiff’s intestate came into contact and was killed. The count was not subject to the demurrer interposed.—Postal T. C. Co. v. Jones, 133 Ala. 217, 32 South. 500; Sheffield v. Morton, 161 Ala. 153, 49 South. 772; B. R., L. & P. Co. v. Cockrum, 179 Ala. 372, 60 South. 304.
Count 3, as amended, was fully'…
2Cases cited8 opinions
- B'ham Ry. L. & P. Co. v. CockrumSupreme Court of Alabama · 1912
- Sheffield Co. v. MortonSupreme Court of Alabama · 1909
- Southern Railway Co. v. DrakeSupreme Court of Alabama · 1910
- Kirby v. StateSupreme Court of Alabama · 1907
- Postal Telegraph Cable Co. v. JonesSupreme Court of Alabama · 1901
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- New York Times Company v. SullivanSupreme Court of Alabama · 1962
- Pollard v. RogersSupreme Court of Alabama · 1937
- Moseley v. Alabama Power Co.Supreme Court of Alabama · 1945
- Ellis v. Ashton & St. Anthony Power Co.Idaho Supreme Court · 1925
- Jersey Ins. Co. v. RoddamSupreme Court of Alabama · 1951
3 more not listed; retrieve them via the Exa API.