Birmingham Railway Light & Power Co. v. Jones
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. O. W. Ferguson. Action by Annie May Jones, by her next friend, against the Birmingham Railway, Light & Power Company. Judgment for plaintiff, and defendant appeals.
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Appeal from Birmingham City Court. Heard before Hon. O. W. Ferguson. Action by Annie May Jones, by her next friend, against the Birmingham Railway, Light & Power Company. Judgment for plaintiff, and defendant appeals. The plaintiff though an infant of seven years old could be a trespasser. — H. A. & B. R. R. Go. v. Robbins, 124 Ala. 133; A. G. 8. R. R. Go. v. Mover, 116 Ala. 642. Her only right was that of an immediate crossing, unless the defendant track was embedded in and incorporated with the street, so as to form a part of it. — Glass v. M. cG G. B. It. Go., 94 Ala. 581; Montgomery v. A.…
1Opinion of the CourtDenson, J.
— Third avenue, sometimes called “Georgia Avenue,” is a public street in the city of Woodlawn; its course being east and west. Along this avenue the defendant has constructed and operates a street raihvay by permission of the municipality. The width of the avenue does not appear from the evidence; but it does appear the defendant’s roadbed and track are located on the south side of it, the track being only about 10 feet from the property line on that side. The ties are laid on the surface of the earth, and the rails are laid on them. In other words, the raihvay is not so constructed as to…
2Cases cited32 opinions
- Central of Georgia Railway Co. v. FosheeSupreme Court of Alabama · 1899
- Glass v. Memphis & Charleston RailroadSupreme Court of Alabama · 1891
- Southern Railway Co. v. BushSupreme Court of Alabama · 1898
- Ensley Railway Co. v. ChewningSupreme Court of Alabama · 1890
- Chrystal v. . Troy Boston R.R. Co.New York Court of Appeals · 1887
27 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Birmingham Railway, Light & Power Co. v. FoxSupreme Court of Alabama · 1911
- So. Ry. Co. v. StewartSupreme Court of Alabama · 1912
- Anniston Electric & Gas Co. v. RosenSupreme Court of Alabama · 1909
- Bessierre v. Ala. City G. & A. R. R.Supreme Court of Alabama · 1912
- Alabama Fuel & Iron Co. v. BushSupreme Court of Alabama · 1920
25 more not listed; retrieve them via the Exa API.