Birmingham Electric Co. v. Maze

GARDNER, Justice.

Count 2, upon which, for plaintiff, the case was tried, sought damages suffered by her as a passenger on defendant’s car, and was rested upon the theory of relationship of carrier and passenger.

Defendant insists that at the time and place complained of that relationship did not exist, and the affirmative charge should have been given in its behalf. We conclude the undisputed proof supports this contention.

Plaintiff, with her grandchild, boarded defendant’s car one summer afternoon at Brighton, only a few miles from Bessemer; the latter being their point of destination. The…