Birmingham Railway L. &. P. Co. v. Camp
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. C. C. Nesmith. Action by Oscar L. Camp against the Birmingham Railway, Light & Power Company for injuries to a horse and buggy. From a judgment for plaintiff, defendant appeals. The first count was in simple negligence and the second count was for wanton or willful injury. Charge 1 is set out in the opinion.
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Appeal from Birmingham City Court. Heard before Hon. C. C. Nesmith. Action by Oscar L. Camp against the Birmingham Railway, Light & Power Company for injuries to a horse and buggy. From a judgment for plaintiff, defendant appeals. The first count was in simple negligence and the second count was for wanton or willful injury. Charge 1 is set out in the opinion. The other charges refused to the defendant were as follows: (3) “If you believe from the evidence iu the case that the motorman operated said car at a reasonable rate of speed around the curve, and that he honestly and reasonably…
1Opinion of the CourtMcCLELLAN, J.
The property injured, as a result of the collision of a street ear therewith, was the horse, buggy, and harness of the plaintiff. There was testi.mony tending to slow injury to the harness, but an entire absence of evidence of the extent, in damage, of the injury to the harness. On this state of the evidence the defendant requested this special charge, which was refused: “Under the evidence in this case, you cannot award plaintiff any damages for any injury to or damages to- the harness.” It was incumbent on the plaintiff, as a condition to a recovery of damages for the injury to the harness,…
2Cases cited3 opinions
- Louisville & Nashville Railroad v. YoungSupreme Court of Alabama · 1907
- Buist v. GuiceSupreme Court of Alabama · 1892
- Birmingham Railway Light & Power Co. v. HardenSupreme Court of Alabama · 1908
3Cited by5 opinions
- Tennessee Coal, Iron R. Co. v. WilhiteSupreme Court of Alabama · 1924
- Birmingham Railway, Light & Power Co. v. CampAlabama Court of Appeals · 1911
- Tennessee Coal, Iron R. Co. v. FranklinAlabama Court of Appeals · 1919
- Hamilton v. Birmingham Ry. L. & P. Co.Supreme Court of Alabama · 1917
- Atlantic Coast Line Railroad Company v. BarganierSupreme Court of Alabama · 1956