Birmingham Railway, Light & Power Co. v. McDaniel
Alabama Court of Appeals
Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Action by Mattie E. McDaniel against the Birmingham Railway, Light & Power Company for damages to her as a passenger by putting her off at the wrong place. Judgment for plaintiff, and defendant appeals.
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Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Action by Mattie E. McDaniel against the Birmingham Railway, Light & Power Company for damages to her as a passenger by putting her off at the wrong place. Judgment for plaintiff, and defendant appeals. The complaint is as follows: “Count 1. Plaintiff: claims of the defendant corporation the'sum of $1,000 as damages for that heretofore, to-wit, on the 1st day of January, 1910, plaintiff was a passenger on a street car operated by the defendant corporation, for the common carriage of passengers for hire in Jefferson county,…
1Opinion of the CourtPelham, J.
-The averments of the first and second counts of the complaint can be construed as alleging the relation of passenger and carrier between the parties to the suit in such a way as to show the duty owing from the latter to the former growing out of such a relationship to have been breached by a wrong done by the defendant, or its conductor, and under the established *326rule in this state permitting general averments of the breach or wrong complained of in terms but little short of legal conclusions, where a relationship out of which a duty arises is shown to exist, the demurrers interposed to…
2Cases cited4 opinions
- Armstrong v. Montgomery Street Railway Co.Supreme Court of Alabama · 1898
- Memphis & Charleston Railroad v. MartinSupreme Court of Alabama · 1897
- Southern Railway Co. v. BurgessSupreme Court of Alabama · 1904
- Birmingham Ry. L. & P. Co. v. AdamsSupreme Court of Alabama · 1906
3Cited by3 opinions
- Birmingham Railway, Light & Power Co. v. ElmitAlabama Court of Appeals · 1913
- Birmingham Railway, Light & Power Co. v. McLeodAlabama Court of Appeals · 1913
- Birmingham E. & B. R. R. v. WilsonAlabama Court of Appeals · 1915