Birmingham Railway, Light & Power Co. v. Simpson
Supreme Court of Alabama
Appeal from Bessemer City Court. Heard before Hón. J. C. B. Gwin. Action by J. A. Simpson against the Birmingham Railway, Light & Power Company. From a judgment for plaintiff, defendant appeals.
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Appeal from Bessemer City Court. Heard before Hón. J. C. B. Gwin. Action by J. A. Simpson against the Birmingham Railway, Light & Power Company. From a judgment for plaintiff, defendant appeals. The second plea is as follows: “For further plea and answer to each count of the complaint, separately, and severally, and says that the plaintiff is guilty of negligence which proximately contributed to his own injury, and which negligence consisted in this: Plaintiff negligently drove a young and spirited horse in close proximity to a railroad engine Avhich was under steam, and in close proximity to…
1Opinion of the CourtMayfield, J.
This action is one for personal injuries. While appellee was driving a spirited horse, the cart to which the animal was attached collided with one of appellant’s electric street cars, throwing appellee from the vehicle and injuring him. The plaintiff claimed that the horse became frightened and unmanageable; that while plaintiff was trying to control the horse it got upon defendant’s street car track; and that, on account of the negligence or wantonness of *482defendant’s motor man, the cart in which plaintiff was riding was struck by defendant’s car, throwing plaintiff therefrom and injuring…
2Cases cited9 opinions
- Ross v. StateSupreme Court of Alabama · 1903
- Alabama Steel & Wire Co. v. GriffinSupreme Court of Alabama · 1907
- Creola Lumber Co. v. MillsSupreme Court of Alabama · 1906
- Tolbert v. StateSupreme Court of Alabama · 1888
- Richmond & Danville Railroad v. HammondSupreme Court of Alabama · 1890
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- South Brilliant Coal Co. v. McCollumSupreme Court of Alabama · 1917
- Tennessee, A. G. R. Co. v. DanielSupreme Court of Alabama · 1917
- Birmingham Ry. L. & P. Co. v. SimpsonSupreme Court of Alabama · 1914
- Clancy v. TaylorAlabama Court of Appeals · 1915
- Fidelity & Deposit Co. v. Hutchens Co.Supreme Court of Alabama · 1928