B'ham Ry. L. & P. Co. v. Goldstein
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. H. A. Sharpe. Action by Joe Goldstein against the Birmingham Railway, Light & Power Company. Judgment for plaintiff, and defendant appeals. The facts and pleading are sufficiently set out in the opinion.
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Appeal from Birmingham City Court. Heard before Hon. H. A. Sharpe. Action by Joe Goldstein against the Birmingham Railway, Light & Power Company. Judgment for plaintiff, and defendant appeals. The facts and pleading are sufficiently set out in the opinion. The following is the charge referred to: “The plaintiff cannot recover damages in this case, if, after a careful consideration of all the evidence, any of the individual jurors are reasonably satisfied from any material part of the evidence that he ought not to recover.” The averments of the count were vague and uncertain, and the demurrers…
1Opinion of the CourtMayfield, J.
Plaintiff, appellee here, Avas a passenger on defendant’s street car line, and was injured *519in consequence of a collision of the car in which he was being carried, with a train of a commercial railroad, at a crossing of the two lines.
The first count of the complaint ivas for simple negligence, and set up the relation of passenger and carrier, and alleged the collision and injury in consequence thereof. The negligence alleged was of that approved general type held good in such cases, “in and about the carrying of plaintiff as a passenger.”
The second count was for wanton or willful injury, and…
2Cases cited8 opinions
- Birmingham Ry. Light & Power Co. v. MooreSupreme Court of Alabama · 1906
- Pickens v. StateSupreme Court of Alabama · 1896
- Hale v. StateSupreme Court of Alabama · 1898
- Goldsmith v. StateSupreme Court of Alabama · 1894
- Mitchell v. StateSupreme Court of Alabama · 1900
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Wilson v. StateSupreme Court of Alabama · 1942
- Gilmer v. SalterSupreme Court of Alabama · 1970
- Birmingham Ry., Light & Power Co. v. HuntSupreme Court of Alabama · 1917
- Hoefer v. SnellgroveSupreme Court of Alabama · 1972
- General Motors Corp. v. LucasSupreme Court of Alabama · 1988
3 more not listed; retrieve them via the Exa API.