Birmingham Railway, Light & Power Co. v. Murphy
Alabama Court of Appeals
Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Action by Willie Murphy,.a. minor, against the Birmingham Railway, Light & Power Company, for damages for injuries sustained by. coming in contact with an electrically charged wire left hanging in the street. Judgment for plaintiff and defendant ' appeals. The court erred in refusing affirmative charge as to the 2nd count. — Sou. Ry. v. Bunt, 181 Ala. 594; Scmds v. L. <£ N. 156 Ala. 828; Sou.
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Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Action by Willie Murphy,.a. minor, against the Birmingham Railway, Light & Power Company, for damages for injuries sustained by. coming in contact with an electrically charged wire left hanging in the street. Judgment for plaintiff and defendant ' appeals. The court erred in refusing affirmative charge as to the 2nd count. — Sou. Ry. v. Bunt, 181 Ala. 594; Scmds v. L. <£ N. 156 Ala. 828; Sou. Ry. v. Stewa/rt, 51 South. 325; L. cG N. v. Brown, 121 Ala. 226;'S. S. S. é1. Go. v. Campbell, 158 Ala. 444; B. R. L. & P. Co. v.…
1Opinion of the Court
de GBAFFENMED, J.
The appellant owns and operates the street railway system of the city of Birmingham, and uses electricity as its motive power. The evidence tended to show that a wire charged with electricity, by contact with the trolley wire by which the cars were run, hung down over one of the streets in a residence portion of the city, either touching the ground or in close proximity to it, and the appellee, a child of five years of age, came in contact with it, and was injured. The jury was authorized to infer from the testimony of the appellee that the injury was painful and* serious,…
2Cases cited23 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Delaware, Lackawanna & Western Railroad v. ConverseSupreme Court of the United States · 1891
- Haynes v. Kaleigh Gas Co.Supreme Court of North Carolina · 1894
- Carter v. ChambersSupreme Court of Alabama · 1885
- South & North Alabama Railroad v. HenleinSupreme Court of Alabama · 1875
18 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Owens-Corning Fiberglas Corp. v. MaloneTexas Supreme Court · 1998
- Sullivan v. Alabama Power Co.Supreme Court of Alabama · 1944
- Dixie Electric Company v. MaggioSupreme Court of Alabama · 1975
- Ellis v. Ashton & St. Anthony Power Co.Idaho Supreme Court · 1925
- Pantaze v. WestAlabama Court of Appeals · 1913
25 more not listed; retrieve them via the Exa API.