Legal Opinion

Birmingham Railway, Light & Power Co. v. Ely

Supreme Court of Alabama

Decided May 1, 1913PublishedCited by 18 opinions

Appeal from Birmingham City Court. Action by Beatrice Ely against Birmingham Railway, Light & Power Company, for damages for injury alleged to have been sustained in a collision between a street car of defendant and an automobile in which plaintiff was riding. Judgment for plaintiff and defendant appeals.

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Appeal from Birmingham City Court. Action by Beatrice Ely against Birmingham Railway, Light & Power Company, for damages for injury alleged to have been sustained in a collision between a street car of defendant and an automobile in which plaintiff was riding. Judgment for plaintiff and defendant appeals. The demurrers to count 1 of the complaint should have been sustained. — A. G. S. v. Vcuil, 142 Ala. 141; Weatherly v. N. O. & St. L., 166 Ala. 581; L. & N. v. Marbury L. Co., 125 Ala. 237; B. B., L. & P. Go. v. Jones, 146 Ala. 277; Same v. Landrum, 153 Ala. 201; Same v. Moore, 163 Ala. 45;…

1Opinion of the CourtMayfield, J.

— This action is to recover damages for personal injuries alleged to have been caused by *384a collision between appellant’s street car and an automobile in which plaintiff was riding.

The first count of the complaint, omitting style of case and details as to character and extent of the injuries, was in the following language: “The plaintiff claims of the defendant $10,000 damages, for that, heretofore, to-wit, September 18, 1911, while the plaintiff was in a vehicle, to-wit, an automobile, upon a public street in the city of Birmingham, Ala., a collision occurred between said vehicle and a street…

2Cases cited11 opinions

  1. Louisville & Nashville Railroad v. JonesSupreme Court of Alabama · 1887
  2. Pastene v. AdamsCalifornia Supreme Court · 1874
  3. Ensley Railway Co. v. ChewningSupreme Court of Alabama · 1890
  4. Birmingham R. L. & P. Co. v. SaxonSupreme Court of Alabama · 1912
  5. Herr v. City of LebanonSupreme Court of Pennsylvania · 1892

6 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Liberty National Life Insurance Company v. WeldonSupreme Court of Alabama · 1957
  2. Boyette v. BradleySupreme Court of Alabama · 1924
  3. Karpeles v. City Ice Delivery Co.Supreme Court of Alabama · 1916
  4. Williams v. WickerSupreme Court of Alabama · 1938
  5. United Food & Commercial Workers Unions, Employers Health & Welfare Fund v. Philip Morris, Inc.Court of Appeals for the Eleventh Circuit · 2000

13 more not listed; retrieve them via the Exa API.

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