Birmingham, Ensley & Bessemer R. R. v. Stagg
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. John C. Pugh. Action by Oscar M. Stagg against the Birmingham, Ensley & Bessemer Railroad Company, for damages for injuries alleged to have been sustained from the negligent construction of its tracks in the street. From a judgment overruling demurrers to the complaint defendant appeals. Transferred from Court of Appeals.
1Opinion of the CourtMayfield, J.
The action is to recover damages for personal injuries received in consequence of plaintiff’s being thrown from a motorcycle which he was riding along one of the public streets in the city of Birmingham.
The allegation and claim of plaintiff is that he was thrown or caused to fall on account of his motorcycle’s coming in contact with one of the defendant’s rails laid along or across the street and protruding high above the grade of the street, and so forming an unlawful obstruction of the public highway; and in some of the counts the rail is alleged to have constituted a nuisance, in that it…
2Cases cited9 opinions
- Montgomery St. Ry. Co. v. SmithSupreme Court of Alabama · 1905
- Birmingham Railway Light & Power Co. v. JonesSupreme Court of Alabama · 1907
- Birmingham Union Railway Co. v. AlexanderSupreme Court of Alabama · 1890
- First National Bank v. TysonSupreme Court of Alabama · 1905
- Louisville & Nashville R. R. v. ChurchSupreme Court of Alabama · 1908
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- American Ry. Express Co. v. ReidSupreme Court of Alabama · 1927
- Louisville N. R. Co. v. CoursonSupreme Court of Alabama · 1937
- Shelby Iron Co. v. MorrowSupreme Court of Alabama · 1923
- Key West Electric Co. v. AlburySupreme Court of Florida · 1926
- Shuttlesworth v. City of BirminghamAlabama Court of Appeals · 1965
9 more not listed; retrieve them via the Exa API.