Birmingham Railway, Light & Power Co. v. King
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard, before Hon. C. W. Ferguson. Action by Queenie King against the Birmingham Railway, Light & Power' Company. Judgment for plaintiff, and defendant appeals.
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Appeal from Birmingham City Court. Heard, before Hon. C. W. Ferguson. Action by Queenie King against the Birmingham Railway, Light & Power' Company. Judgment for plaintiff, and defendant appeals. The complaint contained three counts, as follows:: Count 1: “Plaintiff claims of the defendant the sum of $25,000 damages, for that on and prior to the 7th day of September, 1903, the defendant was a body corporate, and as such was engaged in the business of a common carrier, and in and about its business was operating electric, cars for the’1 carriage of passengers from Birmingham to East Lake,…
1Opinion of the Court
DOWDELL, J. —
The complaint was sufficient, and not open to the demurrer interposed. — 5 Mayfield’s Dig. p. 754, § 74.
There was no error in excluding the answer of the witness Emery that “heavy trains like that always start slowly.” In the first place, the answer was not responsive to the question asked. In the second place, if there was error, it was error without injury, as the subsequent testimony of this witness was in substance and effect the same as the statement which had been excluded.
That part of the oral charge of the court excepted to by the defendant, and which is made the basis of…
2Cases cited3 opinions
- Ala. Great Southern R. R. v. HillSupreme Court of Alabama · 1890
- Decatur Car Wheel & Manufacturing Co. v. MehaffeySupreme Court of Alabama · 1900
- Thomas v. StateSupreme Court of Alabama · 1901
3Cited by3 opinions
- Birmingham Southern R. Co. v. HarrisonSupreme Court of Alabama · 1919
- Brown v. St. Louis & S. F. R. R.Supreme Court of Alabama · 1911
- Central of Georgia Ry. Co. v. KnightAlabama Court of Appeals · 1911