Montgomery St. Ry. Co. v. Smith
Supreme Court of Alabama
Appear from Montgomery City Court. Heard before Mox. A. I). Sayre.' This was a suit for damages sustained by appellee on account of the alleged negligence of the appellant in leaving a bole or ditch open and unguaided on one. of the public streets of Montgomery, into which appellee, while crossing the street, fell and sustained injuries complained of. The original complaint contained six counts.
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Appear from Montgomery City Court. Heard before Mox. A. I). Sayre.' This was a suit for damages sustained by appellee on account of the alleged negligence of the appellant in leaving a bole or ditch open and unguaided on one. of the public streets of Montgomery, into which appellee, while crossing the street, fell and sustained injuries complained of. The original complaint contained six counts. The first count alleges that appellant, through and by its servants and agents, excavated its track or dug a ditch or •hole in the street at the intersection of Washington and Bainbridge streets in…
1Opinion of the CourtSimpson, J.
This was a suit brought by the appellee against the appellant for damages claimed to have resulted from injuries received by her in falling into- an excavation which had been made upon one of the .streets of Montgomery in the work of changing the tracks of. appellant. The demurrers to counts 1, 3, 6, 8, 10, 1.1, 13, 14, and 15 were properly overruled. Said counts do not charge disjunctively two. causes of action. — Highland Avenue & Belt Ry. Co. v. Miller, 120 Ala. 535, 24 South. 955. Nor were said counts liable.to the further objection that the city ordinance could not create a civil right…
2Cases cited9 opinions
- Deming v. . Terminal Railway of BuffaloNew York Court of Appeals · 1901
- Mayor of Birmingham v. McCarySupreme Court of Alabama · 1887
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- South & North Ala. R. R. v. DonovanSupreme Court of Alabama · 1887
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- Alabama Power Co. v. BassSupreme Court of Alabama · 1928
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