Birmingham Railway, Light & Power Co. v. Bush
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. A. 0. Lane. Action by Lillian Bush against the Birmingham Railway, Light & Power Company, for damages for injury received in collision with a street car on a public street. Judgment for plaintiff and defendant appeals.
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Appeal from Jefferson Circuit Court. Heard before Hon. A. 0. Lane. Action by Lillian Bush against the Birmingham Railway, Light & Power Company, for damages for injury received in collision with a street car on a public street. Judgment for plaintiff and defendant appeals. The court erred in overruling demurrers to the first count as amended. — B. R. L. & P. Go. v. Weathers, 164 Ala. 23; Republic I. & 8. Go. v. Williams, 53 South. 78. The court erred in overruling demurrers to the 2nd count. — A. G. 8. v. McWhorter, 156 Ala. 277. Counsel discuss the action of the court in sustaining demurrers…
1Opinion of the CourtSayre, J.
It is averred in the complaint that plaintiff was injured while crossing a public street by being struck by a street car operated by the appellant corporation. In count 1 plaintiff concludes by averring that “her said injuries were caused by the negligence of the defendant in the negligent manner in which it ran or operated its car.” This count is criticised as not containing a categorical averment of negligence. Mere general averments of negligence in cases of this character have' been so often sustained that the principle involved is not open to question. It is curious to observe that the…
2Cases cited16 opinions
- Central of Georgia Railway Co. v. FosheeSupreme Court of Alabama · 1899
- Phœnix Insurance v. MoogSupreme Court of Alabama · 1884
- Gunter v. StateSupreme Court of Alabama · 1887
- L. & N. R. R. v. CalvertSupreme Court of Alabama · 1911
- Louisville & Nashville Railroad v. BrownSupreme Court of Alabama · 1898
11 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Birmingham Electric Co. v. ClevelandSupreme Court of Alabama · 1927
- Manning v. StateSupreme Court of Alabama · 1928
- Walls v. StateCourt of Criminal Appeals of Alabama · 1979
- Humber v. StateAlabama Court of Appeals · 1923
- United States H. & A. Ins. v. GoinSupreme Court of Alabama · 1916
18 more not listed; retrieve them via the Exa API.