Alabama City G. & A. Ry. Co. v. Bates
Supreme Court of Alabama
Damages for Injury to Passenger. Appeal from Etowah Circuit Court. Heard before Hou. John W. Inzer. Action by Perryman Bates against the Alabama City, Gadsden & Attalla Railway Company. From a judgment for plaintiff, defendant appeals. Action for damages for injuries received in an alleged attempt to take passage on one of defendant’s electric cars.
Read the full summary
Damages for Injury to Passenger. Appeal from Etowah Circuit Court. Heard before Hou. John W. Inzer. Action by Perryman Bates against the Alabama City, Gadsden & Attalla Railway Company. From a judgment for plaintiff, defendant appeals. Action for damages for injuries received in an alleged attempt to take passage on one of defendant’s electric cars. Judgment for plaintiff in the sum of ¡¡¡>4,000. For the pleadings and facts in this case, see 149 Ala. 489, 43 South. 98. The following portions of the oral charge were excepted to by the defendant: “Negligence is the failure to do what a…
1Opinion of the CourtAnderson, J.
In the judgment from which this appeal is prosecuted it does not appear that there was a ruling upon demurrers to the fourth count. It does appear on a former judgment; but an appeal was prosecuted to this court subsequent to the rendition of said judgment, and the cause was reversed and remanded. *351The case then stood as though such judgment had not been rendered, and the record fails to show any ruling on demurrer since said reversal. — Greely Co. v. Gottingham (Ala.) 39 South. 567. “The general rule is that on a second or subsequent appeal or writ of error the court will not consider matters…
2Cases cited7 opinions
- Insurance Co. v. BoonSupreme Court of the United States · 1877
- Railroad Co. v. JonesSupreme Court of the United States · 1877
- Grey v. Mobile Trade Co.Supreme Court of Alabama · 1876
- Southern Railway Co. v. BurgessSupreme Court of Alabama · 1904
- Dawson v. DawsonMissouri Court of Appeals · 1888
2 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Batson v. State Ex Rel. DavisSupreme Court of Alabama · 1927
- Frank v. StateSupreme Court of Georgia · 1914
- Marsh v. Elba Bank & Trust Co.Supreme Court of Alabama · 1920
- Atlantic Coast Line Railroad Co. v. WebbSupreme Court of Florida · 1933
- Kinney v. WhiteSupreme Court of Alabama · 1926
24 more not listed; retrieve them via the Exa API.