Birmingham Railway, Light & Power Co. v. Camp
Alabama Court of Appeals
Appeal from Birmingham City Court. Heard before Hon. Charles A. Senn. Action by Oscar L. Camp against the Birmingham Railway, Light & Power Company, for damages sustained to a buggy in being struck by a car. Judgment: for plaintiff and defendant appeals.
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Appeal from Birmingham City Court. Heard before Hon. Charles A. Senn. Action by Oscar L. Camp against the Birmingham Railway, Light & Power Company, for damages sustained to a buggy in being struck by a car. Judgment: for plaintiff and defendant appeals. The court erred in giving plaintiff the general charge as the evidence was in conflict and had. tendencies to support the contention of the defendant. —B. R. L. £ P. v. Gamp, 161 Ala. 456. The defendant was really entitled to the affirmative charge. — A. G. 8. v. McWhorter, 156 Ala. 269. No reasonable inference but that of the negligence of…
1Opinion of the CourtWalker, P. J.
We are of opinion that the trial court was in error in giving the general affirmative charge at the request of the plaintiff. The following statement, made in the opinion rendered on the former appeal in this case (Birmingham Railway, L. & P. Co. v. Camp, 161 Ala. 456, 49 South. 846), applies to the record now before the court: “The testimony is without conflict that the rear end of the car was the part thereof inflicting the damage, and that by reason, as the plaintiff contended, of the ‘overhang’ of the rear end as the car passed over the curve. One of the theories asserted by the defendant…
2Cases cited2 opinions
- Western Union Telegraph Co. v. LouisellSupreme Court of Alabama · 1909
- Birmingham Railway L. &. P. Co. v. CampSupreme Court of Alabama · 1909
3Cited by5 opinions
- Pantaze v. WestAlabama Court of Appeals · 1913
- Armour & Co. v. Alabama Power Co.Alabama Court of Appeals · 1919
- Armour & Co. v. Alabama Power Co.Alabama Court of Appeals · 1919
- Ingram Land Co. v. TubbAlabama Court of Appeals · 1921
- Patterson v. MilliganAlabama Court of Appeals · 1914