B'ham Ry. L. & P. Co. v. Nicholas
Supreme Court of Alabama
Appeal from Bessemer City Court. Heard before Hon. J. C. B. Gwin. Action by Lucinda Nicholas against the Birmingham Railway, Light & Power Company for damages for personal injury. Judgment for plaintiff, and defendant appeals.
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Appeal from Bessemer City Court. Heard before Hon. J. C. B. Gwin. Action by Lucinda Nicholas against the Birmingham Railway, Light & Power Company for damages for personal injury. Judgment for plaintiff, and defendant appeals. The following are the counts of the complaint referred to in the opinion: “(4) Plaintiff claims of defendant $10,000 as damages for that heretofore, on, to wit, August 2, 1911, deféndañt was a common carrier of passengers for hire and reward, operating electric cars for such purpose in Jefferson county, Ala. And plaintiff avers that at the time aforesaid in, to wit, the…
1Opinion of the CourtMayfield, J.
Appellee sued appellant to recover damages for personal injuries. The wrongful act alleged is that appellant’s motorman ran a car against or so near to plaintiff that she was knocked, or thereby caused to fall, into a ditch or culvert. In two counts the Avrong was alleged to be due to simple negligence, and in the other it is denominated Avantonness.
The place of the injury — that is, the locus in quo— is alleged to be at or near East Brighton station, on defendant’s car line, at or near the défendant’s car line, at a point Avhere a public street or thoroughfare crossed the same. In one count…
2Cases cited29 opinions
- Tanner's v. Louisville & Nashville RailroadSupreme Court of Alabama · 1877
- Southern Railway Co. v. SheltonSupreme Court of Alabama · 1902
- Ensley Railway Co. v. ChewningSupreme Court of Alabama · 1890
- Louisville & Nashville Railroad v. BrownSupreme Court of Alabama · 1898
- Savannah, Americus & Montgomery Railway v. BufordSupreme Court of Alabama · 1894
24 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- National Park Bank v. L. & N. R. R.Supreme Court of Alabama · 1917
- Louisville & Nashville R. R. v. AbernathySupreme Court of Alabama · 1916
- MUTUAL BENEFIT HEALTH & A. ASS'N OF OMAHA v. BullardSupreme Court of Alabama · 1960
- Clikos v. LongSupreme Court of Alabama · 1936
- Tidmore v. MillsAlabama Court of Appeals · 1947
20 more not listed; retrieve them via the Exa API.