Birmingham E. & B. R. R. v. Hoskins
Alabama Court of Appeals
Appeal from Birmingham City Court. Heard before Hon. John C. Pugh. Action by Mrs. Elva Hoskins against the Birmingham, Ensley & Bessemer Railroad Company. From a judgment for plaintiff, defendant appeals.
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Appeal from Birmingham City Court. Heard before Hon. John C. Pugh. Action by Mrs. Elva Hoskins against the Birmingham, Ensley & Bessemer Railroad Company. From a judgment for plaintiff, defendant appeals. The following charges were given for the plaintiff: (9) It became and was the duty of the defendant to exercise the highest degree of care and diligence, known to careful, diligent, and skillful persons, engaged in such business, to cause plaintiff to alight from said car, and if you find from the evidence in this •case that defendant’s agents or servants negligently failed to exercise such…
1Opinion of the CourtThomas, J.
The complaint consisted of one count, to which, as amended, the defendant (appellant here) refiled the original demurrer, as well as filed additional demurrers.(1) The first ground of error assigned is that the court erred in overruling these demurrers, but we are uanble to find from the record anywhere that the court took any action whatever on these demrurers; hence there is no basis for the assignment of error. The only mention of demurrers at all in the minute entry is in the following language: “Defendant refiles original demurrers and by leave of court files additional demurrers by…
2Cases cited18 opinions
- Birmingham Ry. Light & Power Co. v. MooreSupreme Court of Alabama · 1906
- Birmingham Union Railway Co. v. HaleSupreme Court of Alabama · 1890
- Montgomery & Eufaula Railway Co. v. MalletteSupreme Court of Alabama · 1890
- Alabama Consolidated Coal & Iron Co. v. HealdSupreme Court of Alabama · 1910
- Frierson v. FrazierSupreme Court of Alabama · 1904
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3Cited by5 opinions
- Birmingham Candy Co. v. ShepherdAlabama Court of Appeals · 1915
- Shell Pipe Line Co. v. RobinsonCourt of Appeals for the Tenth Circuit · 1933
- Bradford v. StateAlabama Court of Appeals · 1922
- National Life Accident Ins. Co. v. AlbertSupreme Court of Alabama · 1929
- Railway Exp. Agency, Inc. v. CunigimAlabama Court of Appeals · 1937