Birmingham Railway L. & P. Co. v. Hinton
Supreme Court of Alabama
Appeal from Bessemer City Court. Heard before Hon. Willtam Jackson. Action by Francis E. Hinton, administratrix, against the Birmingham Railway, Light & Power Company. From a judgment for plaintiff, defendant appeals.
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Appeal from Bessemer City Court. Heard before Hon. Willtam Jackson. Action by Francis E. Hinton, administratrix, against the Birmingham Railway, Light & Power Company. From a judgment for plaintiff, defendant appeals. The action is for damages for the death of the plaintiff’s intestate, who was burned, in the destruction of a house by fire, to an extent that it was claimed to have resulted in her death, and that the fire was set out by sparks from the defendant’s locomotive engine. The evidence tended to show the burning of the house and that the fire was set out by sparks from defendant’s…
1Opinion of the CourtDowdell, J.
This is an action to recover damages for personal injuries received by * plaintiff’s intestate through the alleged negligence of the defendant, and Avhich said injuries it is averred resulted in the death of said intestate. In answer to the complaint the defendant pleaded the general issue and four special pleas. By the third special plea the defendant pleaded a release in Avriting, which said release is set out in haec verba in the plea. To this plea the plaintiff filed a number of replications, to which demurrers were interposed by the defendant. The demurrers Avere overruled as to…
2Cases cited5 opinions
- Naftel v. County of MontgomerySupreme Court of Alabama · 1900
- Harrison v. Alabama Midland Ry. Co.Supreme Court of Alabama · 1906
- Western Railway v. ArnettSupreme Court of Alabama · 1902
- Oakley v. ShelleySupreme Court of Alabama · 1900
- Wright v. WallerSupreme Court of Alabama · 1900
3Cited by17 opinions
- Birmingham Railway, Light & Power Co. v. JordanSupreme Court of Alabama · 1910
- Betts v. WardSupreme Court of Alabama · 1916
- Beatty v. PalmerSupreme Court of Alabama · 1916
- Barbour v. PoncelorSupreme Court of Alabama · 1919
- Lewis v. DavisSupreme Court of Alabama · 1916
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