Birmingham Railway, Light & Power Co. v. Fox
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. Charles A. Senn. Action by Carl Eos, administrator of Lillie Newman, •against the Birmingham Railway, Light & Power Company. From a judgment for plaintiff, defendant appeals.
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Appeal from Birmingham City Court. Heard before Hon. Charles A. Senn. Action by Carl Eos, administrator of Lillie Newman, •against the Birmingham Railway, Light & Power Company. From a judgment for plaintiff, defendant appeals. The following counts of the complaint are referred to in the opinion; (1) “Plaintiff, who sues as administrator of the estate of Lillie Newman, deceased, claims of the defendant, a corporation, the sum of $30,000 as damages, for that, to-wit, on the 21st of November, 1905, the defendant company was engaged in operating an electric car line in the city of Birmingham,…
1Opinion of the CourtAnderson, J.
While it has been repeatedly held that the complaint in cases of this character need not define the quo modo, or specify the particular acts of diligence omitted, yet, when simple negligence constitutes the cause of action, it is incumbent upon the plaintiff to bring himself Avithin the protection of the negligence averred by alleging such a relationship as Avould enable him to recover for simple negligence.— L. & N. R. R. Co. v. Holland, 164 Ala. 73, 51 South. *666365, 137 Am. St. Rep. 25; Gadsden R. R. v. Julian, 133 Ala. 373, 32 South. 135; Ensley v. Chewning, 93 Ala. 25, 9 South. 458.
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2Cases cited28 opinions
- Alabama Great Southern Railroad v. McWhorterSupreme Court of Alabama · 1908
- Glass v. Memphis & Charleston RailroadSupreme Court of Alabama · 1891
- Southern Railway Co. v. SheltonSupreme Court of Alabama · 1902
- Richmond & Danville Railroad v. FarmerSupreme Court of Alabama · 1892
- Sloss-Sheffield Steel & Iron Co. v. MitchellSupreme Court of Alabama · 1909
23 more not listed; retrieve them via the Exa API.
3Cited by65 opinions
- Union Indemnity Co. v. WebsterSupreme Court of Alabama · 1928
- Adler v. MartinSupreme Court of Alabama · 1912
- Louis Pizitz Dry Goods Co. v. CusimanoSupreme Court of Alabama · 1921
- Jones v. KeithSupreme Court of Alabama · 1931
- Nelson v. LeeSupreme Court of Alabama · 1947
60 more not listed; retrieve them via the Exa API.