Birmingham Railway Light & Power Co. v. Lee
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. Charles A. Senn. Action by Georgia Lee against the Birmingham Railway, Light & Power Company. From a judgment in favor of plaintiff: defendant appeals. The nature and character of the action and pleadings, the tendencies of the evidence, and the excepted to portions of the court’s oral charge are sufficiently stated in the opinion of the court.
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Appeal from Birmingham City Court. Heard before Hon. Charles A. Senn. Action by Georgia Lee against the Birmingham Railway, Light & Power Company. From a judgment in favor of plaintiff: defendant appeals. The nature and character of the action and pleadings, the tendencies of the evidence, and the excepted to portions of the court’s oral charge are sufficiently stated in the opinion of the court. The seventh assignment is as follows: “The court below erred in charging the jury orally as follows:' ‘It comes to you in the nature of a warning that you shall be careful that you shall give her…
1Opinion of the CourtHaralson, J.
— The plaintiff, appellee, recovered a judgment for $300 against the defendant, the Birmingham Railway, Light & Power Company, for wrongful assault alleged to have been committed upon her by defendant’s conductor, while plaintiff was a passenger on one of defendant’s electric cars which ran from Bessemer to Birmingham.
The contention of the plaintiff is, that she boarded one of defendant’s cars at Bessemer and paid the conductor the 10 cent fare to be carried as a passenger to a station called Hillman. She states, that she gave the conductor a 50 cent piece in silver, and he gave her back a…
2Cases cited4 opinions
- Hall v. PoseySupreme Court of Alabama · 1885
- Bugbee v. HowardSupreme Court of Alabama · 1858
- Cain v. PenixSupreme Court of Alabama · 1856
- Hitt v. RushSupreme Court of Alabama · 1853
3Cited by9 opinions
- Kelley v. John R. Daily Co.Montana Supreme Court · 1919
- Smith v. StateAlabama Court of Appeals · 1913
- Walls v. Decatur Fertilizer Co.Supreme Court of Alabama · 1926
- Cleveland v. StateAlabama Court of Appeals · 1924
- Southern Pacific Co. v. BoyceArizona Supreme Court · 1924
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