Birmingham Railway Electric Co. v. Pinckard
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Tried before Hon. A. A. Coleman. The facts of this case are clearly set out in the opinion.
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Appeal from Jefferson Circuit Court. Tried before Hon. A. A. Coleman. The facts of this case are clearly set out in the opinion. The two charges, 7 and 6, mentioned in the opinion, are as follows: 7. “It is the duty of the driver, if you believe from the evidence that he was attempting to drive across the track, to stop and listen before he drove across said track, and if you further believe from the evidence that he did not so stop, look and listen, then- he was guilty of contributory negligence.” 6. “You cannot find that the motorman was guilty of willful or intentional misconduct unless…
1Opinion of the CourtDowdell, J.
— The damages claimed by the plaintiff, appellee here, resulted from a collision between plaintiff’s horse and buggy, at the time driven by one Chapman, and defendant’s street car, operated by means of electricity, on defendant’s track along First Avenue, a public highway extending from the city of Birmingham to Avondale, a suburb of said city. The complaint contained two counts, the first declaring for simple negligence, and the second count for wanton’ or intentional wrong and injury. There was evidence on the part of the plaintiff Avhicli tended to show, that the plaintiff’s horse and…
2Cases cited6 opinions
- Ga. Pacific Railway Co. v. LeeSupreme Court of Alabama · 1890
- Louisville & Nashville Railroad v. MarkeeSupreme Court of Alabama · 1893
- Kansas City, Memphis & Birmingham Railroad v. CrockerSupreme Court of Alabama · 1891
- Birmingham Railway & Electric Co. v. BowersSupreme Court of Alabama · 1895
- Louisville & Nashville Railroad v. WebbSupreme Court of Alabama · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Atchison, Topeka & Santa Fe Railway Co. v. BakerSupreme Court of Kansas · 1908
- Stout v. GallemoreSupreme Court of Kansas · 1933
- Louisville & Nashville Railroad v. YoungSupreme Court of Alabama · 1907
- Adler v. MartinSupreme Court of Alabama · 1912
- Birmingham Railway, Light & Power Co. v. WilliamsSupreme Court of Alabama · 1908
14 more not listed; retrieve them via the Exa API.