Birmingham Railway L. & Power Co. v. Parker
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Action by Mrs. Ada Parker against the Birmingham Railway Light & Power Company, for injuries sustained in alighting from a car alleged to have been caused by the sudden increase in speed of the car by starting the same off with a sudden jerk. There was judgment for plaintiff and defendant appeals. No brief came to the Reporter. No brief came to the Reporter.
1Opinion of the CourtAnderson, J.
It is not every increase in the speed of a car, or starting of same, whether with or without a jerk, that amounts to negligence. — Mobile Light & R. R. Co. v. Bell, 153 Ala. 90, 45 South. 56. The complaint, in order to charge a breach of duty, should aver that the starting, increase of speed, or jerk was negligently made or caused by the servants of defendant, else the acts or omission should be such as to amount to negligence from the facts disclosed in the complaint, The first count of the complaint avers that the plaintiff was a passenger, etc., “was waiting to alight, or engaged in or…
2Cases cited1 opinion
- Mobile Light & Railroad v. BellSupreme Court of Alabama · 1907
3Cited by25 opinions
- Birmingham Railway, Light & Power Co. v. GonzalezSupreme Court of Alabama · 1913
- B'ham Ry. L. & P. Co. v. BarrettSupreme Court of Alabama · 1912
- Alabama Baptist Hospital Board v. CarterSupreme Court of Alabama · 1932
- Birmingham Railway, Light & Power Co. v. FriedmanSupreme Court of Alabama · 1914
- Alabama Power Co. v. TalmadgeSupreme Court of Alabama · 1921
20 more not listed; retrieve them via the Exa API.