Birmingham Railway, Light & Power Co. v. Williams
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. H. A. Sharpe. Action by Jack W. Williams against the Birmingham Railway, Light & Power Company. From a judgment for plaintiff, defendant appeals. The facts are sufficiently stated in the opinion of the court. The following charges were requested by defendant, and refused: (1) “If the jury believe the evidence, they cannot find for plaintiff under the first count -in the complaint.”
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Appeal from Birmingham City Court. Heard before Hon. H. A. Sharpe. Action by Jack W. Williams against the Birmingham Railway, Light & Power Company. From a judgment for plaintiff, defendant appeals. The facts are sufficiently stated in the opinion of the court. The following charges were requested by defendant, and refused: (1) “If the jury believe the evidence, they cannot find for plaintiff under the first count -in the complaint.” (2) “The plaintiff is not entitled to recover by reason of the fact, if it be a fact, that the motorman failed to discover the danger of the plaintiff as soon…
1Opinion of the CourtDenson, J.
The defendant’s (appellant’s) car line is constructed longitudinally on what is known as First avenue, a public street in the city of Birmingham. Defendant had the plaintiff, Avith others of its servants, employed in digging a ditch north of, and parallel AAdth, its tracks in said avenue, betAveen Twenty-First and Twenty-Second streets. At the noon hour of the day on which occurred the accident, the occasion of the in*385juries complained of, the plaintiff, with the other servants, went to the Twenty-second street crossing and ate his dinner. After eating, and while all were returning to their…
2Cases cited3 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Inland & Seaboard Coasting Co. v. TolsonSupreme Court of the United States · 1891
- Birmingham Railway Electric Co. v. PinckardSupreme Court of Alabama · 1899
3Cited by32 opinions
- Jackson v. Capital Transit Co.Court of Appeals for the D.C. Circuit · 1938
- Birmingham Southern R. Co. v. HarrisonSupreme Court of Alabama · 1919
- Adler v. MartinSupreme Court of Alabama · 1912
- Alabama Power Co. v. BassSupreme Court of Alabama · 1928
- Barbour v. SheborSupreme Court of Alabama · 1912
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