Birmingham Railway, Light & Power Co. v. Yielding
Supreme Court of Alabama
Damages for Ejection of Passenger. Appeal from Birmingham City Court. Heard before Hon. C. C. Nesmith. Action by C. M. Yielding against the Birmingham Railway, Light & Power Company for damages for being ejected from defendant’s car. • From a judgment for plaintiff, defendant appeals.
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Damages for Ejection of Passenger. Appeal from Birmingham City Court. Heard before Hon. C. C. Nesmith. Action by C. M. Yielding against the Birmingham Railway, Light & Power Company for damages for being ejected from defendant’s car. • From a judgment for plaintiff, defendant appeals. The first count in the complaint, after setting forth that defendant was a common carrier of passengers for hire by means of electricity, and that plaintiff became a passenger on one of the lines from Birmingham to Avondale, and had paid his fare thereon, alleges that, notwithstanding the duty of defendant’s…
1Opinion of the CourtAnderson, J.
The graveman of the first count is the wrongful ejection of the plaintiff from the car, and the averment of other things proximately caused thereby are mere matters of inducement or aggravation, going to swell the damage. Nor was the first count of the complaint subject to the other grounds of demurrer insisted upon by the appellant in brief of counsel.
The second count does not charge that the ejection per se was wrong, but that it was made so by the use of unnecessary force and violence. Even if the defendant had the lawful right to eject the plaintiff, it would be answerable in damages for…
2Cases cited3 opinions
- Southern Railway Co. v. BurgessSupreme Court of Alabama · 1904
- Graville v. . Manhattan R.R. Co.New York Court of Appeals · 1887
- Lasker v. Third Avenue RailroadCity of New York Municipal Court · 1899
3Cited by2 opinions
- Birmingham Electric Co. v. BaileyAlabama Court of Appeals · 1943
- Birmingham Electric Co. v. PutmanAlabama Court of Appeals · 1926