North Alabama Traction Co. v. McNeil
Supreme Court of Alabama
Certiorari to Court of Appeals. Petition of Leah McNeil for certiorari to the Court of Appeals to review and revise the judgment and decision of said court in the case of North Alabama Traction Co. v. Leah McNeil, 85 South. 568. The whole count must be considered in arriving at its true and full meaning. 163 Ala. 241, 50 South. 996. The words “negligently maintained” cover the active as well as the passive attitude of the traction company towards the pole. 161 Ala. 176, 49…
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Certiorari to Court of Appeals. Petition of Leah McNeil for certiorari to the Court of Appeals to review and revise the judgment and decision of said court in the case of North Alabama Traction Co. v. Leah McNeil, 85 South. 568. The whole count must be considered in arriving at its true and full meaning. 163 Ala. 241, 50 South. 996. The words “negligently maintained” cover the active as well as the passive attitude of the traction company towards the pole. 161 Ala. 176, 49 South. 759; 164 Ala. 186, 51 South. 340; 159 Ala. 235, 48 South. 683; 11 Corpus -Juris, 38; 208 S. W. 476; 166 U. S. 521,…
1Opinion of the CourtMcOLELLAN, J.
The plaintiff’s (petitioner’s) case was stated in two counts. The first reads:
“The plaintiff claims of the defendants the sum of $1,000 as damages for that, on and pri- or to March 14, 1918, the defendant North Alabama Traction Company negligently maintained a pole on the margin of Bank street, a public highway in the city of Decatur, Ala., and on said date, to wit, March 14, 1918, the defendant Alabama Power Company owned or operated a horse and wagon, and on said date plaintiff’s automobile was standing or located on said Bank street, and while so located the. defendant Alabama Power…
2Cases cited4 opinions
- Armstrong v. Montgomery Street Railway Co.Supreme Court of Alabama · 1898
- Louisville & Nashville R. R. v. FitzgeraldSupreme Court of Alabama · 1909
- Ex parte Barrett Bros. ShippingSupreme Court of Alabama · 1916
- North Alabama Traction Co. v. McNeilAlabama Court of Appeals · 1919