Birmingham Ry. Light & Power Co. v. Ryan
Supreme Court of Alabama
Action for Damages for Personal Injuries to Person on Trade. Appeal from Birmingham City Court. Heard before Hon. Charles W. Ferguson. This was an action by the administrator of Conrad Richwein, suing to recover damages for the negligent killing of the intestate by appellant. The complaint contained but two counts.
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Action for Damages for Personal Injuries to Person on Trade. Appeal from Birmingham City Court. Heard before Hon. Charles W. Ferguson. This was an action by the administrator of Conrad Richwein, suing to recover damages for the negligent killing of the intestate by appellant. The complaint contained but two counts. Count 1 was in the following language: “Plaintiff claims of the defendant $25,000 as damages, for that heretofore, to-wit, on the 21st day of September, 1901, the defendant was operating a street car by electricity upon a railway upon and on grade with a public highway in the city…
1Opinion of the CourtHaralson, J.
— The first count in the compliant is one averring simple negligence, and under our decisions it sufficiently avers the negligence of the defendant in killing the deceased, and was not subject to the demurrer interposed, — that the averment of negligence is a mere conclusion of the pleader, and fails to show what constituted the negligence complained of, or to set forth anv facts from which that negligence can be inferred.—Glass v. M. & C. R. R. Co., 94 Ala. 588, 10 South. 215; W. R. Co. v. Lazarus, 88 Ala. 456, 6 South. 877; Stanton v. L. & N. R. R. Co., 91 Ala. 384, 8 South. 798; Russell v.…
2Cases cited3 opinions
- Glass v. Memphis & Charleston RailroadSupreme Court of Alabama · 1891
- Birmingham Railway Electric Co. v. PinckardSupreme Court of Alabama · 1899
- Central of Georgia Railway Co. v. PartridgeSupreme Court of Alabama · 1902
3Cited by16 opinions
- Birmingham Southern R. Co. v. HarrisonSupreme Court of Alabama · 1919
- Adler v. MartinSupreme Court of Alabama · 1912
- Birmingham R. L. & P. Co. v. SaxonSupreme Court of Alabama · 1912
- Feore v. TrammelSupreme Court of Alabama · 1924
- Porterfield v. Life Casualty Co. of TennesseeSupreme Court of Alabama · 1941
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