Birmingham Railway Light & Power Co. v. Lavender
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Action by L. T. Lavender against the Birmingham Railway, Light & PoAver Company. From a judgment for plaintiff, defendant appealed.
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Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Action by L. T. Lavender against the Birmingham Railway, Light & PoAver Company. From a judgment for plaintiff, defendant appealed. The evidence for plaintiff tended to shotv that on November 26, 1904, plaintiff and his Avife Avent to College Station, in East Lake, on defendant’s line, to take an electric car to Birmingham, and that they arrived at the station Avhen the car Avas about a block from them; that the car stopped at the usual stopping place, and that plaintiff Avas in the act of assisting his wife to get on the rear…
1Opinion of the CourtSimpson, J.
This AA'as an action by the appellee against the appellant for damages on account of an injury to his Avife Avhile attempting to get on the car of defendant. The first and second assignments of error insisted on relate to the action of the court in refusing* to alloAV defendant to lay a predicate for contradicting* plaintiff as a Avitness, and to introduce a part of the an-SAver of the plaintiff to interrogatories propounded to him by the defendant, Avithout introducing the entire deposition. The defendant asked said Avitness, on cross-examination, whether he had not, in his Avritten answer…
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