Birmingham Railway, Light & Power Co. v. Humphries
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hou. Charles W. Fergus'on. Action by Denia Humphries against the Birmingham Railway, Light & Power Company. From a judgment for plaintiff, defendant appeals. A part of the oral charge, excepted to and referred to in the opinion, is as follows: “Now the law does not lay down any fixed rule by which to ascertain damages, for physical pain and mental distress, hut leaves that to the sound judgment of the jury trying the case.
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Appeal from Birmingham City Court. Heard before Hou. Charles W. Fergus'on. Action by Denia Humphries against the Birmingham Railway, Light & Power Company. From a judgment for plaintiff, defendant appeals. A part of the oral charge, excepted to and referred to in the opinion, is as follows: “Now the law does not lay down any fixed rule by which to ascertain damages, for physical pain and mental distress, hut leaves that to the sound judgment of the jury trying the case. The other assignments of error relate to refused charges not necessary to he here set out. The court erred in its oral…
1Opinion of the CourtMcCLELLAN, J.
Action by a passenger against the ■carrier for personal injuries alleged to have been suffered while in transit.
This charge, as shown by the bill of exceptions, was requested by the defendant (appellant) and refused: “If after a full and fair consideration of all of the evidence any individual juror is not reasonably satisfied that the plaintiff was injured by the negligence of the •defendant, or its servants, then you cannot find for the *293plaintiff.” Consistent with previous rulings here, on substantially similar instructions, the refusal of the quoted charge was error.—Hale v. State, 122…
2Cases cited14 opinions
- Birmingham Ry. Light & Power Co. v. MooreSupreme Court of Alabama · 1906
- Alabama Great Southern Railroad v. McWhorterSupreme Court of Alabama · 1908
- Hale v. StateSupreme Court of Alabama · 1898
- Montgomery & Eufaula Railway Co. v. MalletteSupreme Court of Alabama · 1890
- Alabama Great Southern Railroad v. BaileySupreme Court of Alabama · 1895
9 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Birmingham Railway, Light & Power Co. v. GonzalezSupreme Court of Alabama · 1913
- Morrison v. ClarkSupreme Court of Alabama · 1916
- Boyette v. BradleySupreme Court of Alabama · 1924
- Langhorne v. SimingtonSupreme Court of Alabama · 1914
- City of Birmingham v. BowenSupreme Court of Alabama · 1950
6 more not listed; retrieve them via the Exa API.