Birmingham Union Railway Co. v. Alexander
Supreme Court of Alabama
Action against Street Bailway Company; for Damages on account of Personal Inf ivies. Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This action was brought by W. S. Alexander against the appellant corporation, to recover damages for personal injuries sustained by plaintiff in being thrown from his wagon while attempting to drive across one of the defendant’s tracks in the city of Birmingham.
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Action against Street Bailway Company; for Damages on account of Personal Inf ivies. Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This action was brought by W. S. Alexander against the appellant corporation, to recover damages for personal injuries sustained by plaintiff in being thrown from his wagon while attempting to drive across one of the defendant’s tracks in the city of Birmingham. The accident occurred on the 23d June, 1889, about midnight, and the action was commenced on the 3d October, 1889. The complaint alleged, in different counts, that the…
1Opinion of the Court
WALKER, J,
— The defendant filed cross-interrogatories to the witness Biggins, without making any objection to the sufficiency of the preliminary affidavit required by section 2802 of the Code. Before the trial was entered upon, but after the witness had been examined on the interrogatories, the defendant moved to suppress the deposition, on the ground that said affidavit did not show or set forth that the witness is or was material. This motion was properly overruled. The word “important” was used in the affidavit instead of the word “material.” It would seem that the meaning of the latter…
2Cases cited5 opinions
- District of Columbia v. ArmesSupreme Court of the United States · 1883
- Elyton Land Co. v. MingeaSupreme Court of Alabama · 1889
- Aicardi v. Strang, Murray & Co.Supreme Court of Alabama · 1862
- Dearman v. DearmanSupreme Court of Alabama · 1843
- Elgin v. HillCalifornia Supreme Court · 1865
3Cited by25 opinions
- Mayor of Birmingham v. StarrSupreme Court of Alabama · 1895
- Birmingham Railway, Light & Power Co. v. FriedmanSupreme Court of Alabama · 1914
- J. H. Burton Sons Co. v. MaySupreme Court of Alabama · 1925
- Louisville & Nashville Railroad v. SandlinSupreme Court of Alabama · 1899
- Reed v. L. Hammel Dry Goods Co.Supreme Court of Alabama · 1927
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