B'ham Ry. L. & P. Co. v. Barrett
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard, before Hon. E. C. Ckowe. Action by Sadie C. Barrett against the Birmingham Railway, Light & Power Company. Judgment for plaintiff, and defendant appeals.
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Appeal from Jefferson Circuit Court. Heard, before Hon. E. C. Ckowe. Action by Sadie C. Barrett against the Birmingham Railway, Light & Power Company. Judgment for plaintiff, and defendant appeals. The following is the complaint: Count 1: “Plaintiff claims of the defendant, a private corporation, the sum of $10,000 damages in this: That on and prior to the 25th day of June defendant was a common carrier of passengers for reward between the towns of Ensley and Wylam, in said state and county, and that on said date plaintiff was a passenger on one of defendant’s cars, her destination being…
1Opinion
ON REHEARING.
An examination of the authorities cited by appellee in support of the correctness of the charge as to the degree of care to be exacted of carriers of passengers in the conduct of their business does not disclose any which in fact supports the charge which we have condemned. An example of their inaptitude is found in the quotation from Nellis on Street Railway Accident Law, § 6, p. 47: “When the passenger is in the exercise of ordinary care, the degree of care required on the part of the carrier to secure his safety must be the highest degree of care, reasonably to be expected…
2Cases cited25 opinions
- Parrish v. StateSupreme Court of Alabama · 1903
- Phœnix Insurance v. MoogSupreme Court of Alabama · 1884
- Smith v. StateSupreme Court of Alabama · 1904
- Roberts v. StateSupreme Court of Alabama · 1881
- Fincher v. StateSupreme Court of Alabama · 1877
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