Birmingham Ry., Light & Power Co. v. Barranco
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; J. O. B. Gwin, Judge. Action by Mrs. C. P. Barranco against the Birmingham Railway, Bight & Power Company. Judgment for the' plaintiff, and defendant appeals.
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Appeal from Circuit Court, Jefferson County; J. O. B. Gwin, Judge. Action by Mrs. C. P. Barranco against the Birmingham Railway, Bight & Power Company. Judgment for the' plaintiff, and defendant appeals. The following are the pleas directed to he set out: (3) The plaintiff ought not to have and recover in this action, for that she was herself guilty of contributory negligence which proximately contributed to her injuries and damages in this: That while riding as a passenger in an automobile which was approaching a street intersection in a populous part of the city of Birmingham at a high and…
1Opinion of the CourtMcCLELLAN, J.
[1] To plaintiff’s (appellee’s) complaint, claiming damages for personal injuries resulting from the collision of defendant’s (appellant’s) street car with an automobile in which plaintiff was a passenger while the car and the automobile were in public thoroughfares of the city of Birmingham, the defendant interposed nine special pleas, besides a general traverse, setting up plaintiff’s contributory negligence in bar of a recovery. None of these pleas proceeded on the untenable theory, in this jurisdiction, that would attribute to plaintiff contributory negligence on the part of the driver of…
2Cases cited9 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Birmingham Railway, Light & Power Co. v. GonzalezSupreme Court of Alabama · 1913
- Birmingham Southern R. Co. v. HarrisonSupreme Court of Alabama · 1919
- McGeever v. O'ByrneSupreme Court of Alabama · 1919
- Elyton Land Co. v. MingeaSupreme Court of Alabama · 1889
4 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Morgan Hill Paving Co. v. FonvilleSupreme Court of Alabama · 1928
- Funderburk v. PowellSupreme Court of South Carolina · 1936
- Hamilton v. BrowningSupreme Court of Alabama · 1952
- Crowson v. CodySupreme Court of Alabama · 1926
- Thomas v. CarterSupreme Court of Alabama · 1927
19 more not listed; retrieve them via the Exa API.