Birmingham Ry. L. & P. Co. v. Colbert
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. John H. Miller. Action by James W. Colbert against the Birmingham Railway, Light & Power Company. Judgment for plaintiff, and defendant appeals. The substance of the complaint sufficiently appears, as does plea 3, from the opinion of the court.
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Appeal from Birmingham City Court. Heard before Hon. John H. Miller. Action by James W. Colbert against the Birmingham Railway, Light & Power Company. Judgment for plaintiff, and defendant appeals. The substance of the complaint sufficiently appears, as does plea 3, from the opinion of the court. Pleas 4 and 6 are as follows: (4) To each count of the complaint severally and separately defendant says that, at the time of said collision, the defendant had a rule of force requiring °the motorman in charge of each car crossing the said crossing, at which the. said collision occurred, to stop the…
1Opinion of the CourtGardner, J.
This action was brought by the appellee, employed by the appellant as a motorman on one of its street cars, for injuries sustained in a collision of said car, which was at the time being operated by said appellee as such motorman, with an engine on the track of the Louisville & Nashville Railroad; the said accident occurring at the crossing of the two- tracks.
The complaint originally contained four counts, but counts 3 and á were charged out by the court at the request of the defendant (appellant here). Counts 1 and 2, upon which the cause was submitted to the jury, were framed under…
2Cases cited14 opinions
- South & North Ala. Railroad v. McLendonSupreme Court of Alabama · 1879
- Mobile & Ohio Railroad v. GeorgeSupreme Court of Alabama · 1891
- Montgomery & Eufaula Railway Co. v. MalletteSupreme Court of Alabama · 1890
- Blue Grass Traction Co. v. InglesCourt of Appeals of Kentucky · 1910
- Birmingham Railway, Light & Power Co. v. FriedmanSupreme Court of Alabama · 1914
9 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Jones v. BellSupreme Court of Alabama · 1917
- MacKintosh Co. v. WellsSupreme Court of Alabama · 1928
- Smith v. BaggettSupreme Court of Alabama · 1928
- Birmingham Electric Co. v. ClevelandSupreme Court of Alabama · 1927
- Walker County v. DavisSupreme Court of Alabama · 1930
7 more not listed; retrieve them via the Exa API.