Alabama Power Co. v. Fergusen
Supreme Court of Alabama
Appeal from Circuit Court, Walker County; C. P. Almon, Judge. Action by Frank Fergusen against tbe Alabama Power Company for damages for personal injuries. Judgment for plaintiff, and defendant appeals.
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Appeal from Circuit Court, Walker County; C. P. Almon, Judge. Action by Frank Fergusen against tbe Alabama Power Company for damages for personal injuries. Judgment for plaintiff, and defendant appeals. The case made by the fourth and fifth count is that the defendant owned, operated, and maintained a line of electric wire attached to poles or buildings along and across the public streets in the city of Jasper, and it was the duty of the defendant to maintain its wires high up from said public street, but, notwithstanding this duty, the defendant negligently caused or allowed said wires, to…
1Opinion of the CourtBrown, J.
The complaint as originally filed consisted of counts 1, 2, and 3, and was subsequently amended by adding counts 4 and 5. After the trial was entered upon the complaint was again amended by withdrawing counts, 1, 2, and 3, and the case was submitted to the jury on counts 4 and 5.
[1] The paper incorporated in the record as a demurrer to the several counts of the complaint, immediately following the original complaint, is not addressed to the complaint as amended, and does not appear to have been filed to the original complaint or to the complaint as amended. The only ruling on demurrer to the…
2Cases cited7 opinions
- Birmingham Railway, Light & Power Co. v. GonzalezSupreme Court of Alabama · 1913
- Alabama Chemical Co. v. NilesSupreme Court of Alabama · 1908
- Central of Georgia Ry. Co. v. AshleySupreme Court of Alabama · 1909
- Griel v. LomaxSupreme Court of Alabama · 1888
- Berger v. DempsterSupreme Court of Alabama · 1920
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- City of Montgomery v. FergusonSupreme Court of Alabama · 1922
- Sims v. Alabama Water Co.Supreme Court of Alabama · 1920
- Liverpool London Globe Ins. Co v. McCreeSupreme Court of Alabama · 1924
- Kuykendall v. EdmondsonSupreme Court of Alabama · 1922
- Cannon v. ScarboroughSupreme Court of Alabama · 1931
9 more not listed; retrieve them via the Exa API.