Birmingham Ry. L. & P. Co. v. Moore
Supreme Court of Alabama
Appeal from Jefferson Circiut Court. Heard before Hon. A. O. Lane. Action by Nettie Moore against the Birmingham Railway, Light & Power Company. From a judgment for plaintiff, defendant appeals.
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Appeal from Jefferson Circiut Court. Heard before Hon. A. O. Lane. Action by Nettie Moore against the Birmingham Railway, Light & Power Company. From a judgment for plaintiff, defendant appeals. The complaint consists of three counts — the first, in simple negligence of the defendant’s servants or agents in control of the car in the negligent manner in which they ran or operated the same; the second, in wanton or willful injuries for starting the car while plaintiff was in the act of alighting, knowing that the plaintiff was in the act of alighting and liable to be injured; the third, in…
1Opinion of the CourtSimpson, J.
This action was brought by the appellee against the appellant for damages resulting from an injury claijned to have been received by the plaintiff,' who was a passenger on defendant’s railway, in the city of Birmingham.
The first assignment of error insisted on is to that part of the oral charge of the court as follows, to wit: “I charge you, further, .if you believe, from the evidence, that the car had been stopped, and that the plaintiff was in the act of alighting, and the motorman knew, or *45by the exercise of reasonable care would have known, that she was in the act of alighting, and that…
2Cases cited2 opinions
- Birmingham Ry. Light & Power Co. v. JonesSupreme Court of Alabama · 1906
- Huggins v. Southern Ry. Co.Supreme Court of Alabama · 1906
3Cited by6 opinions
- Mobile Light R. Co. v. NicholasSupreme Court of Alabama · 1936
- Sloss-Sheffield Steel & Iron Co. v. StewartSupreme Court of Alabama · 1911
- Alabama Consolidated Coal & Iron Co. v. CowdenSupreme Court of Alabama · 1911
- Birmingham Railway, Light & Power Co. v. FisherSupreme Court of Alabama · 1911
- Adams v. CrimmSupreme Court of Alabama · 1912
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