Birmingham Railway, Light & Power Co. v. Clemons
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the IIon. W. W. Wilkerson. This action was brought by the appellee, Eldonia Clemons, against the Birmingham Railway, Light & Power Company, to recover damages for personal injuries alleged to have been sustained by the plaintiff while a passenger on one of defendant’s cars, which injury was caused by reason of the negligence of the defendant.
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Appeal from the City Court of Birmingham. Tried before the IIon. W. W. Wilkerson. This action was brought by the appellee, Eldonia Clemons, against the Birmingham Railway, Light & Power Company, to recover damages for personal injuries alleged to have been sustained by the plaintiff while a passenger on one of defendant’s cars, which injury was caused by reason of the negligence of the defendant. There were verdict and judgment for $750.00. Subsequently, the defendant moved the court- to be granted a new trial upon the following grounds: “1. For that said verdict is contrary to the weight of…
1Opinion of the CourtMcCLELLAN, C. J.
A quotient verdict will be set aside on proper motion and proof. The evidence adduced by the defendant on its motion to set aside the verdict in this case showed prima facie that it was arrived at by taking the assessments of the several jurors, adding them together and. dividing the total by twelve, the number of jurors, and that this was done npon a preagreement on the part of all the jurors that the amount resulting by this process should be the verdict. If this evidence stood alone in the case on the motion, the verdict should have been set aside.- — Southern Ry. Co. v. Williams, 113 Ala.…
2Cases cited1 opinion
- Southern Railway Co. v. WilliamsSupreme Court of Alabama · 1896
3Cited by18 opinions
- Birmingham Ry. Light & Power Co. v. MooreSupreme Court of Alabama · 1906
- Leith v. StateSupreme Court of Alabama · 1921
- City of Dothan v. HardySupreme Court of Alabama · 1939
- International Agri. Cor. v. AbercrombieSupreme Court of Alabama · 1913
- Montgomery City Lines, Inc. v. DavisSupreme Court of Alabama · 1954
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