B'ham Ry. L. & P. Co. v. Barrett
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard, before Hon. E. C. Ckowe. Action by Sadie C. Barrett against the Birmingham Railway, Light & Power Company. Judgment for plaintiff, and defendant appeals.
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Appeal from Jefferson Circuit Court. Heard, before Hon. E. C. Ckowe. Action by Sadie C. Barrett against the Birmingham Railway, Light & Power Company. Judgment for plaintiff, and defendant appeals. The following is the complaint: Count 1: “Plaintiff claims of the defendant, a private corporation, the sum of $10,000 damages in this: That on and prior to the 25th day of June defendant was a common carrier of passengers for reward between the towns of Ensley and Wylam, in said state and county, and that on said date plaintiff was a passenger on one of defendant’s cars, her destination being…
1Opinion of the CourtSomerville, J.
1. It is well settled that, when a complaint for personal injuries specifies particular acts or omissions of the defendant as constituting the negligence upon which the action is founded, the complaint is insufficient on apt demurrer, unless such acts in themselves show or suggest negligence, and a general averment of negligence does not cure the defective specification. — Birmingham O. & M. Co. v. Grover, 159 Ala. 276, 281, 48 South. 682; B. R., L. & P. Co. v. Bennett, 144 Ala. 372, 39 South. 565. But where the complaint merely states the fact and res gestae of the injury, not imputing the…
2Cases cited14 opinions
- Birmingham Railway, Light & Power Co. v. GonzalezSupreme Court of Alabama · 1913
- Ala. Great Southern R. R. v. HillSupreme Court of Alabama · 1890
- Birmingham Railway, Light & Power Co. v. JordanSupreme Court of Alabama · 1910
- Montgomery & Eufaula Railway Co. v. MalletteSupreme Court of Alabama · 1890
- Birmingham Railway L. & Power Co. v. ParkerSupreme Court of Alabama · 1908
9 more not listed; retrieve them via the Exa API.
3Cited by70 opinions
- Georgia Cotton Co. v. LeeSupreme Court of Alabama · 1916
- Best Park & Amusement Co. v. RollinsSupreme Court of Alabama · 1915
- Louisville N. R. Co. v. MaddoxSupreme Court of Alabama · 1938
- Smith v. BachusSupreme Court of Alabama · 1915
- Alabama Baptist Hospital Board v. CarterSupreme Court of Alabama · 1932
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