Birmingham Railway Light & Power Co. v. Sawyer
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. A. A. Coleman. Action by W. H. Sawyer against the Birmingham Railway Light & Power Company for personal ^injuries received in a collision. Judgment for plaintiff and defendant appeals. The plaintiff was an employe and not a passes ger under the proof in this case. — 6 Cyc. 543; K. G. B. B. Go., v. Salmon, 11 Kan. 83; Bussell v. Hudson River B. B. Go. 17 N. Y. 134; TNc7c v. Neto York Central, 47 Am. Rep. 36; 94 Am.
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Appeal from Jefferson Circuit Court. Heard before Hon. A. A. Coleman. Action by W. H. Sawyer against the Birmingham Railway Light & Power Company for personal ^injuries received in a collision. Judgment for plaintiff and defendant appeals. The plaintiff was an employe and not a passes ger under the proof in this case. — 6 Cyc. 543; K. G. B. B. Go., v. Salmon, 11 Kan. 83; Bussell v. Hudson River B. B. Go. 17 N. Y. 134; TNc7c v. Neto York Central, 47 Am. Rep. 36; 94 Am. St. Rep. 125; 79 Am. St. Rep. 812. No brief came-to the Reporter.
1Opinion of the CourtTyson, C. J.
In each of the counts it is alleged that plaintiff was a passenger on defendant’s car at the-time he was injured. It is scarcely necessary to say that this is a material allegation, and must be proven. If the relation of the parties as that of carrier and passenger was not shown, but that of master and servant, or that of a mere licensee, of course, there could be no recovery in this case. In short, the plaintiff cannot be permitted to allege one relation and prove another. If the plaintiff was riding on the car by virtue of his employment and in that relation to defendant, or if he was…
2Cases cited2 opinions
- McCauley v. Tenn. Coal, Iron & RailroadSupreme Court of Alabama · 1890
- Wright v. Northampton & Hertford RailroadSupreme Court of North Carolina · 1898
3Cited by6 opinions
- Putnam v. Pacific Monthly Co.Oregon Supreme Court · 1913
- Dayton Coal & Iron Co. v. DoddCourt of Appeals for the Sixth Circuit · 1911
- McGhee v. Birmingham News Co.Supreme Court of Alabama · 1921
- Schaff v. BourlandCourt of Appeals of Texas · 1924
- Hoskins v. Bangor & Aroostook RailroadSupreme Judicial Court of Maine · 1937
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