Gaines v. Birmingham Ry. L. & P. Co.
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Action by Ida Gaines against the Birmingham Railway, Light & Power Company, for damages for injury to her when a passenger. Judgment for defendant, and plaintiff appeals. The amendment did not constitute a departure or state a new cause of action, and was not subject to the statute of limitations of one year. — Southern Ry. Co. v. Cwmmgham, 152 Ala. 147; Hess v. Bir.
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Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Action by Ida Gaines against the Birmingham Railway, Light & Power Company, for damages for injury to her when a passenger. Judgment for defendant, and plaintiff appeals. The amendment did not constitute a departure or state a new cause of action, and was not subject to the statute of limitations of one year. — Southern Ry. Co. v. Cwmmgham, 152 Ala. 147; Hess v. Bir. L. & P. Co., 149 Ala. 499; Chambers v. Talladega R. E. & I. Assn., 126 Ala. 296; Manchester F. A. Co. v. Feibleman, 118 Ala. 808; Mobile L. I. Co. v. Randall,…
1Opinion of the CourtAnderson, J.
The first count of the complaint claimed damages for an injury sustained by the plaintiff as a passenger on defendant’s car, operated on its line between Birmingham and Bessemer; said injury-being sustained on or about the 5th day of May, 1906, at or near Powderly. This count also sets out the quo modo, which, in effect, was the negligent starting of the car while plaintiff was attempting to alight, thereby throwing her to the ground and injuring her, etc. The third count, offered by way of amendment, and being the one upon which the case was tried, set out injuries sustained on the same…
2Cases cited2 opinions
- Alabama Consolidated Coal & Iron Co. v. HealdSupreme Court of Alabama · 1908
- Alabama Terminal & Inprovement Co. v. Hall & FarleySupreme Court of Alabama · 1907
3Cited by8 opinions
- Crawford v. MillsSupreme Court of Alabama · 1918
- United States Steel Corp. v. McGeheeSupreme Court of Alabama · 1955
- Isbell v. BraySupreme Court of Alabama · 1951
- Nashville, C. & St. L. Ry. v. Abramson-Boone Produce Co.Supreme Court of Alabama · 1917
- Roden v. CapehartSupreme Court of Alabama · 1915
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