Birmingham Railway & Electric Co v. Franscomb
Supreme Court of Alabama
Appeal, from Birmingham City Court. Tried before Hon. H. A. Sharpe. This suit was brought by David Franscomb against the Birmingham Railway & Electric Company for damages caused by a collision of the defendant’s car with the wagon of plaintiff. The complaint in different counts charged negligence and wantonness. The important facts are fully ' stated in the opinion.
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Appeal, from Birmingham City Court. Tried before Hon. H. A. Sharpe. This suit was brought by David Franscomb against the Birmingham Railway & Electric Company for damages caused by a collision of the defendant’s car with the wagon of plaintiff. The complaint in different counts charged negligence and wantonness. The important facts are fully ' stated in the opinion. The evidence showed that just before the collision the plaintiff was driving very near the track and going in the same direction in which the car was moving, and the motorman of the car was operating the same carefully, having on…
1Opinion of the CourtDowdell, J.
— Counsel for appellant, in their brief, expressly decline to discuss the 2d, 3d, 4th, 5th and 6th assignments of error, all of which relate to rulings on the evidence, and we will therefore not consider the same, accepting their refusal to discuss these assign-ments as a waiver of the- same.
*623The first- assignment is insisted upon by appellant. Tlie witness Dyer, in speaking of plaintiff’s physical condition while in the hospital, stated that, “he semed to be very weak.” -This ivas objected to by the defendant, and motion was made to exclude the same which was overruled. This was but an…
2Cases cited9 opinions
- Ga. Pacific Railway Co. v. LeeSupreme Court of Alabama · 1890
- Louisville & Nashville Railroad v. MarkeeSupreme Court of Alabama · 1893
- Kansas City, Memphis & Birmingham Railroad v. CrockerSupreme Court of Alabama · 1891
- Louisville & Nashville Railroad v. WebbSupreme Court of Alabama · 1892
- Thornton v. StateSupreme Court of Alabama · 1896
4 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Sharp v. StateSupreme Court of Alabama · 1915
- Fincher v. StateSupreme Court of Alabama · 1924
- Sovereign Camp, W. O .W. v. HoomesSupreme Court of Alabama · 1929
- Mobile Cab & Baggage Co. v. BusbySupreme Court of Alabama · 1964
- Whistle Bottling Co. v. SearsonSupreme Court of Alabama · 1922
18 more not listed; retrieve them via the Exa API.