Legal Opinion

Birmingham Railway, Light & Power Co. v. Hinton

Supreme Court of Alabama

Decided November 15, 1904PublishedCited by 8 opinions

Appeal from the City Court of Bessemer. Tried before the Hon. B. C. Jones. ' This was an action brought by the appellee, C. W. H. Hinton, by his next friend, against the Birmingham Bailway, Light & Power Company. The complaint contained two counts.

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Appeal from the City Court of Bessemer. Tried before the Hon. B. C. Jones. ' This was an action brought by the appellee, C. W. H. Hinton, by his next friend, against the Birmingham Bailway, Light & Power Company. The complaint contained two counts. The first count was in words and figures as follows: 1. “The plaintiff, Clyde W. H. Hinton, suing by his next friend, Mary F. Hinton, claims of the defendant, Birmingham Railway, Light & Power Company, a corporation, the sum of three thousand dollars as damages, for this, that heretofore, to-wit, on the 3d day of January, 1902, the plaintiff was…

1Opinion of the CourtMcCLELLAN, C. J.

The averments of negligence in the counts of the complaint are sufficient. — Louisville & Nashville R. R. Co., v. Marbury Lumber Co., 125 Ala. 237.

The counts aver that defendant negligently set fire to and burned the house in which plaintiff resided with his father and mother and other members of the family; that he was in the house when it was ignited, and was burned while escaping from it during the progress of the fire and by the fire which was burning the house. It thus sufficiently appeal's that defendant’s negligence was the proximate cause of plaintiff’s injuries. — Rajnowski v.…

2Cases cited3 opinions

  1. Louisville & Nashville Railroad v. Marbury Lumber Co.Supreme Court of Alabama · 1899
  2. Rajnowski v. Detroit, Bay City & Alpena RailroadMichigan Supreme Court · 1889
  3. Rajnowski v. Detroit, Bay City & Alpena RailroadMichigan Supreme Court · 1889

3Cited by8 opinions

  1. Mobile Light & Railroad Co. v. PortissSupreme Court of Alabama · 1915
  2. Shelby Iron Co. v. MorrowSupreme Court of Alabama · 1923
  3. Birmingham Ry. L. & P. Co. v. HintonSupreme Court of Alabama · 1906
  4. Reynolds v. Atlantic Coast Line R. Co.Supreme Court of Alabama · 1948
  5. Birmingham Railway Light & Power Co. v. MartinSupreme Court of Alabama · 1906

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