Birmingham Railway, Light & Power Co. v. Jordan
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. Chari.es A. Senn. , Action by Ida Jordan against the Birmingham Bail-jvay, Light & Power Company for damages for injury to her while a passenger. Judgment for plaintiff, and defendant appeals.
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Appeal from Birmingham City Court. Heard before Hon. Chari.es A. Senn. , Action by Ida Jordan against the Birmingham Bail-jvay, Light & Power Company for damages for injury to her while a passenger. Judgment for plaintiff, and defendant appeals. The first count of the complaint, as amended, was as. follows: “Plaintiff claims of defendant f5,000 as damages, for that heretofore, to wit, on the 5th day of August, 1907, defendant was a common carrier of passengers by means of a car operated by electricity upon a railway known as the ‘East Lake Line,; that on said day, while plaintiff was a…
1Opinion of the CourtAnderson, J.
The stating part of the complaint (count 1 as amended) merely sets out the relationship of the parties and what happened to the plaintiff, and not what was done or omitted by the defendant as proximately causing the injury. It in no way attempts to set up the quo modo as was done in the case of Birmingham R. R. v. Weathers, 164 Ala. 23, 51 So. 303. There the complaint charged that the injuries proximately resulted from the starting of the car, and the court held that, as the plaintiff ascribed injury to a certain cause, to wit, the starting of the car with a jerk: or to a sudden increase of…
2Cases cited9 opinions
- Stephenson v. AllisonSupreme Court of Alabama · 1898
- Beck & Pauli Lithographing Co. v. HouppertSupreme Court of Alabama · 1894
- Birmingham Railway Light & Power Co. v. WeathersSupreme Court of Alabama · 1909
- Harrison v. Alabama Midland Ry. Co.Supreme Court of Alabama · 1906
- Western Railway v. ArnettSupreme Court of Alabama · 1902
4 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Birmingham Railway, Light & Power Co. v. GonzalezSupreme Court of Alabama · 1913
- B'ham Ry. L. & P. Co. v. BarrettSupreme Court of Alabama · 1912
- Jehle-Slauson Const. Co. v. Hood-Rich Architects and Consulting EngineersSupreme Court of Alabama · 1983
- Boles v. BlackstockSupreme Court of Alabama · 1986
- National Park Bank v. L. & N. R. R.Supreme Court of Alabama · 1917
44 more not listed; retrieve them via the Exa API.