Birmingham Railway, Light & Power Co. v. Rutledge
Supreme Court of Alabama
Appeal from City Court of Birmingham. Tried before the Hon. Wm. W. Wilkbrson. This was an action by the appellee against the appellant for damages for personal injuries received while a passenger on the defendant’s street railway as a result of a collision between the car on which the plaintiff was riding and a Louisville & Nashville railroad train.
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Appeal from City Court of Birmingham. Tried before the Hon. Wm. W. Wilkbrson. This was an action by the appellee against the appellant for damages for personal injuries received while a passenger on the defendant’s street railway as a result of a collision between the car on which the plaintiff was riding and a Louisville & Nashville railroad train. The third count of the complaint is as follows: “The plaintiff claims of the defendant the sum of ten thous- and dollars as damages, for that, on and' prior to the 25th day of July, 1901, the defendant was a body corporate, and was operating…
1Opinion of the CourtMcCLELLAN, C. J.
A count of the complaint ascribes plaintiff’s injuries to the “wanton and reckless negligence” of defendant’s employes in charge of the car on which plaintiff was a passenger, and goes on to allege that this wanton and reckless negligence consisted in their causing said car to approach-and cross the Louisville & Nashville Railroad, without .stopping, knowing that a Louisville & Nashville train was approaching defendant’s track, and that it would probably cross defendant’s track without stopping, and knowing that there would probably be a collision between the Louisville & Nashville train and…
2Cases cited2 opinions
- Western Union Telegraph Co. v. HendersonSupreme Court of Alabama · 1889
- Birmingham Union Railway Co. v. HaleSupreme Court of Alabama · 1890
3Cited by13 opinions
- Alabama City G. & A. Ry. Co. v. HealdSupreme Court of Alabama · 1912
- Stowers Furniture Co. v. BrakeSupreme Court of Alabama · 1908
- Woodward Iron Co. v. SpencerSupreme Court of Alabama · 1915
- Sanford v. StateAlabama Court of Appeals · 1911
- Southern Ry. Co. v. SherrillSupreme Court of Alabama · 1936
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