Legal Opinion

Birmingham Ry. L. & P. Co. v. Adams

Supreme Court of Alabama

Decided April 3, 1906PublishedCited by 20 opinions

Aureal from Jefferson Circuit Court. Heard before Hon. A. A. Coleman. Tliis was an» action for damages resulting to a passenger from a collision of defendant’s car with a train of cars on the Louisville & Nashville railroad through the negligence of defendant’s servants'or agents in charge of the car on which plaintiff was a passenger.

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Aureal from Jefferson Circuit Court. Heard before Hon. A. A. Coleman. Tliis was an» action for damages resulting to a passenger from a collision of defendant’s car with a train of cars on the Louisville & Nashville railroad through the negligence of defendant’s servants'or agents in charge of the car on which plaintiff was a passenger. The first and second count alleges in substance the relation of carrier and passenger, the payment of fare by passenger, the collision between the car on which plaintiff was a passenger and the train of cars on the Louisville & Nashville railroad where 'the…

1Opinion of the CourtWeakley, C. J.

There is no bill of exceptions in the record, and the appeal is prosecuted to review rulings on demurrer to the four counts of- the complaint. No argument or citation of authority is necessary to demonstrate that the demurrers to counts 1 and 2 were properly overruled. The important and controlling question arises upon, count A, added by amendment. Count R is identical with the former in its essential averments, except that, instead of simple negligence, it charges willful, wanton, or intentional misconduct, and the principles io be announced with reference to count A will also apply to count…

2Cases cited10 opinions

  1. Armstrong v. Montgomery Street Railway Co.Supreme Court of Alabama · 1898
  2. Leach, Harrison & Forwood v. BushSupreme Court of Alabama · 1876
  3. I. & G. H. R'y Co. v. IrvineTexas Supreme Court · 1885
  4. Schepers v. Union Depot RailroadSupreme Court of Missouri · 1895
  5. Whitehead v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1889

5 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Alabama Baptist Hospital Board v. CarterSupreme Court of Alabama · 1932
  2. Dwight Manufacturing Co. v. HolmesSupreme Court of Alabama · 1916
  3. Lawrence v. Kaul Lumber Co.Supreme Court of Alabama · 1911
  4. Birmingham Railway Light & Power Co. v. WeathersSupreme Court of Alabama · 1909
  5. Birmingham Railway, Light & Power Co. v. BushSupreme Court of Alabama · 1911

15 more not listed; retrieve them via the Exa API.

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