Birmingham Railway, Light & Power Co. v. Norton
Alabama Court of Appeals
Damage to Pedestrian. Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Crowe. Action by C. H. Norton against the Birmingham Railway,'Light & Power Company for damages for injuries received in a crossing accident. Judgment for plaintiff, and defendant appeals.
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Damage to Pedestrian. Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Crowe. Action by C. H. Norton against the Birmingham Railway,'Light & Power Company for damages for injuries received in a crossing accident. Judgment for plaintiff, and defendant appeals. Count 1 is as follows: “Plaintiff claims of defendant $5,000 as damages for that heretofore, on, to-wit, the 3d day of November, 1910, defendant was engaged in the business of running and operating street cars along and over the public streets of the city of Birmingham, Ala., and that on said date, on, to-wit, Twentieth…
1Opinion of the CourtThomas, J.
This was an action by a pedestrian for injuries received in being run against by one of tbe ¡street cars of appellant company while be was attempting to cross tbe latter’s tracks on tbe streets of tbe city of Birmingham.
The first and tbe second count of tbe complaint, tbe one predicated on simple negligence, and tbe other on wantonness and willfulness, we bold sufficient as against tbe demurrers aimed at them, under tbe authority of Birmingham Railway, L. & P. Co. v. Ryan, 148 Ala. 69, 41 South. 616; Russell v. Huntsville Ry., L. & P. Co., 137 Ala. 628, 34 South. 855; and Leach v. Bush, 57…
2Cases cited5 opinions
- Memphis & Charleston Railroad v. MartinSupreme Court of Alabama · 1897
- Anniston Electric & Gas Co. v. RosenSupreme Court of Alabama · 1909
- Birmingham Ry. Light & Power Co. v. RyanSupreme Court of Alabama · 1906
- Blaney v. Electric Traction Co.Supreme Court of Pennsylvania · 1898
- Marble City Land & Furnace Co. v. GoldenSupreme Court of Alabama · 1895
3Cited by8 opinions
- State v. HaskinsSupreme Court of Connecticut · 1982
- State v. SolvenSupreme Court of Missouri · 1963
- Mobile Light R. Co. v. R. O. Harris Grocery Co.Alabama Court of Appeals · 1920
- Harrison v. StateAlabama Court of Appeals · 1915
- Peinhardt v. WestAlabama Court of Appeals · 1927
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