Anniston Electric & Gas Co. v. Rosen
Supreme Court of Alabama
Appeal from Calhoun Circuit Court. Heard before Hon. John Pelham. Action by Harry Rosen against the Anniston Electric & Gas Company. From a judgment for plaintiff, defendant appeals.
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Appeal from Calhoun Circuit Court. Heard before Hon. John Pelham. Action by Harry Rosen against the Anniston Electric & Gas Company. From a judgment for plaintiff, defendant appeals. Plaintiff’s complaint was substantially as follows: (1) The plaintiff claims of the defendant, a corporation, the sum of $1,500 damages, for that, towit, on the 14th day of May, 1906, while the plaintiff was attending to some private business, riding in a buggy drawn by a horse along Pine avenue, which is a public street in the city of Anniston, Ala., and jnst as he was turning out of Pine avenue into and for the…
1Opinion of the CourtMcGLELLAN, J.
The injury complained of was suffered by the plaintiff, in person and property, in consequence of the collision therewith of a street car then in operation on a public thoroughfare in the city of Anniston. The original complaint, contained two counts, to which defendant’s (appellant’s) demurrers were sustained. After amendment, the complaint consisted of counts 1 to 4, inclusive. All, save the fourth, would found the liability of the defendant upon the breach of duty by the servant of the defendant, arising out of plaintiff’s imperiled condition. The principle is familiar, and the sixteenth…
2Cases cited10 opinions
- Memphis & Charleston Railroad v. MartinSupreme Court of Alabama · 1897
- Louisville & Nashville Railroad v. MarkeeSupreme Court of Alabama · 1893
- Southern Railway Co. v. BushSupreme Court of Alabama · 1898
- Louisville & Nashville Railroad v. YoungSupreme Court of Alabama · 1907
- Osborne v. Alabama Steel & Wire Co.Supreme Court of Alabama · 1902
5 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- L. & N. R. R. v. CalvertSupreme Court of Alabama · 1911
- B'ham Ry. L. & P. Co. v. CockrumSupreme Court of Alabama · 1912
- Birmingham R. L. & P. Co. v. SaxonSupreme Court of Alabama · 1912
- Boyette v. BradleySupreme Court of Alabama · 1924
- Sheffield Co. v. HarrisSupreme Court of Alabama · 1912
38 more not listed; retrieve them via the Exa API.