Hamilton v. Birmingham Ry. L. & P. Co.
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Action by J. W. Hamilton against the Birmingham, Railway, Light & Power Company for damages for injuries received in collision with one of its cars. Judgment for the defendant and motion for new trial overruled and plaintiff appeals.
1Opinion of the CourtMayfield, J.
The action is by appellant to recover damages as for personal injuries suffered by him in consequence of a collision between a motorcycle, ridden and driven by him, and a street car operated by appellee. The complaint contained a count or counts, declaring on original negligence, subsequent negligence, and wantonness. There were pleas of contributory negligence. ' There is some confusion in the record touching which counts the pleas of contributory negligence were allowed to, and which counts the plea of the genéraí issue only was allowed to; but there is no assignment of error as' to any…
2Cases cited6 opinions
- Terrell v. Trimble CountyCourt of Appeals of Kentucky · 1908
- Schneider v. Mobile L. & R. R.Supreme Court of Alabama · 1906
- Birmingham Railway & Electric Co. v. BakerSupreme Court of Alabama · 1899
- Bulger v. . the Albany RailwayNew York Court of Appeals · 1870
- Little v. Carolina Central RailroadSupreme Court of North Carolina · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Birmingham Electric Co. v. JonesSupreme Court of Alabama · 1937
- Urbano v. Market Street Railway Co.California Court of Appeal · 1935