Legal Opinion

Birmingham Ry. Light & Power Co. v. Moore

Supreme Court of Alabama

Decided November 15, 1906PublishedCited by 80 opinions

Action for Damages for Injury to Passenger. - Appeal from Birmingham City Court. ' Heard before Hon. Charles A; Senn. Action by Ella P. Moore against the Birmingham Railway, Light & Power Company. Judgment for plaintiff, and defendant appeals. Reversed and remanded. This was an action for damages growing out of an injury to the passenger.

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Action for Damages for Injury to Passenger. - Appeal from Birmingham City Court. ' Heard before Hon. Charles A; Senn. Action by Ella P. Moore against the Birmingham Railway, Light & Power Company. Judgment for plaintiff, and defendant appeals. Reversed and remanded. This was an action for damages growing out of an injury to the passenger. Most of the facts are stated in the opinion, but for a clearer understanding of the opinion the assignments of error insisted on are here set ont. The first five assignments relate to the action of the court in overruling the defendant’s demurrers to the…

1Opinion of the CourtDenson, J.

— This action was brought by Ella P. Moore against the Birmingham Railway, Light & Power Company to recover damages consequent upon personal injuries alleged to have been suffered by the plaintiff, while a passenger on one of defendant’s street cars, through the negligent conduct of the defendant while operating said street car. The complaint consists of five counts. Each of them showed that the defendant was a common earner of passengers, and the plaintiff was a passenger on one of defendant’s cars, when she received the injury; and by this “was shown the duty of the defendant to conserve…

2Cases cited33 opinions

  1. Armstrong v. Montgomery Street Railway Co.Supreme Court of Alabama · 1898
  2. City Delivery Co. v. HenrySupreme Court of Alabama · 1903
  3. Louisville & Nashville Railroad v. MarkeeSupreme Court of Alabama · 1893
  4. Louisville & Nashville Railroad v. JonesSupreme Court of Alabama · 1887
  5. Murray v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890

28 more not listed; retrieve them via the Exa API.

3Cited by80 opinions

  1. Birmingham Railway, Light & Power Co. v. GonzalezSupreme Court of Alabama · 1913
  2. Smarr v. StateSupreme Court of Alabama · 1953
  3. Leith v. StateSupreme Court of Alabama · 1921
  4. Bessemer Coal, Iron & Land Co. v. DoakSupreme Court of Alabama · 1907
  5. City of Dothan v. HardySupreme Court of Alabama · 1939

75 more not listed; retrieve them via the Exa API.

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