Merrill v. Sheffield Co.
Supreme Court of Alabama
Damages for Injury to Person and Property. Appeal from Lauderdale Circuit Court. Heard before Hon. C. P. Almon. Action by S. P. Merrill against the Sheffield Company and others. From a judgment for defendants, plaintiff appeals. The following portions of the oral charge of the court were excepted to: (Al) “The right of an electric street railway in the use of the street is equal to that of the traveling public.
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Damages for Injury to Person and Property. Appeal from Lauderdale Circuit Court. Heard before Hon. C. P. Almon. Action by S. P. Merrill against the Sheffield Company and others. From a judgment for defendants, plaintiff appeals. The following portions of the oral charge of the court were excepted to: (Al) “The right of an electric street railway in the use of the street is equal to that of the traveling public. It has no exclusive right to the use of that portion of the street occupied by its track. It has, however, to a certain extent, a right to the use of that portion occupied by its track…
1Opinion of the CourtSimpson, J.
This action is by the appellant, against the appellees, for damages resulting from injuries received by the plaintiff from a collision of the electric street car of the defendants with a vehicle which was being driven by the plaintiff.
The first assignment of error, insisted on by the appellant, is to the ruling of the court in sustaining the demurrer to the first count of the complaint. There was no error in sustaining said demurrer. While it is true, as contended by appellant, that mere general allegations of negligence have been held sufficient by this court, yet it is also true that if the…
2Cases cited19 opinions
- Memphis & Charleston Railroad v. MartinSupreme Court of Alabama · 1897
- Alabama Great Soiitliern Railroad v. HawkSupreme Court of Alabama · 1882
- Tanner's v. Louisville & Nashville RailroadSupreme Court of Alabama · 1877
- Kansas City, Memphis & Birmingham Railroad v. CrockerSupreme Court of Alabama · 1891
- Birmingham Railway & Electric Co. v. BowersSupreme Court of Alabama · 1895
14 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Delchamps, Inc. v. BryantSupreme Court of Alabama · 1999
- National Park Bank v. L. & N. R. R.Supreme Court of Alabama · 1917
- Trahan v. CookSupreme Court of Alabama · 1972
- Curlette v. StateAlabama Court of Appeals · 1932
- Feore v. TrammelSupreme Court of Alabama · 1924
25 more not listed; retrieve them via the Exa API.