Birmingham Ry. Light & Power Co. v. Jones
Supreme Court of Alabama
Appeal from Birxning-luun City Court. Heard before IIon. Chas. A. Senn. This was an action by Bettie Jones, administratrix against appellant for damages resulting from the death of a child nine years old. The child was killed by a street car operated by appellant while crossing appellant’s track.
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Appeal from Birxning-luun City Court. Heard before IIon. Chas. A. Senn. This was an action by Bettie Jones, administratrix against appellant for damages resulting from the death of a child nine years old. The child was killed by a street car operated by appellant while crossing appellant’s track. The issues made by the complaint and pleas and as-presented by the charges, are as folhyws: Count 1: “Plaintiff claims of the defendant $20,000 damages, for that on the 23d day of July, defendant Avas operating a certain car by means of electricity upon a raÜAvay in Birmingham, Ala.,; that when said…
1Opinion of the CourtHaralson, J.
The first count was sufficient to charge simple negligence, the negligence complained, of relating to the management or control of the car.— L. & N. R. R. Co. v. Marbury Lumber Co., 125 Ala. 237, 28 South. 438, 50 L. R. A. 620; Bear Creek Mill Co. v. Parker, 134 Ala. 293, 32 South. 700; C. of G. R. R. Co. v. Freeman, 134 Ala. 354, 32 South. 778; M. & O. R. R. Co. v. George, 94 Ala. 216, 10 South. 145.
The second count properly charged wantonness or an intentional wrong. — Russell v. Huntsville R. R., 137 Ala. 627, 34 South. 855; C. of G. R. R. v. Foshee, 125 Ala. 199, 27 South. 1006.
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2Cases cited12 opinions
- Central of Georgia Railway Co. v. FosheeSupreme Court of Alabama · 1899
- Louisville & Nashville Railroad v. Marbury Lumber Co.Supreme Court of Alabama · 1899
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