Birmingham Railway, Light & Power Co. v. Elmit
Alabama Court of Appeals
Appeal from Jefferson Circuit Court. Heard before Hon. A. H. Alston. Action by Howard Elmit, by next friend, against the Birmingham Railway, Light & Power Company, for damages sustained while a passenger. Judgment for plaintiff, ' and defendant appeals.
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Appeal from Jefferson Circuit Court. Heard before Hon. A. H. Alston. Action by Howard Elmit, by next friend, against the Birmingham Railway, Light & Power Company, for damages sustained while a passenger. Judgment for plaintiff, ' and defendant appeals. The following is the complaint: “Count 1. The plaintiff, who is a minor, and who sues by next friend, Mary Elmit, claims of defendant, a body, corporate, the sum of $5,000 as damages for that heretofore, on, to wit, the 24th day of December, 1909, the defendant was a common carrier of passengers for hire and reward, by means of cars propelled…
1Opinion of the CourtWalker, P. J.
The second and fourth counts of the complaint in this case followed the averments of the counts which were held to be subject to demurrer’ in the case of Birmingham Railway, Light & Power Co. v. Mildred Elmit, infra, 60 South. 981. For the reasons *660stated in the opinion rendered in that case, it must be held that the court erred in overruling the demurrers to those counts.
Neither of the other counts was subject to demurrer on the grounds assigned. The averments of the third count sufficiently show the existence of a duty on the part of the defendant’s conductor to afford the plaintiff an…
2Cases cited3 opinions
- Louisville & Nashville Railroad v. OrrSupreme Court of Alabama · 1898
- Southern Railway Co. v. BushSupreme Court of Alabama · 1898
- Birmingham Railway, Light & Power Co. v. ElmitAlabama Court of Appeals · 1913
3Cited by2 opinions
- State v. MyersWest Virginia Supreme Court · 1937
- Birmingham Railway, Light & Power Co. v. WilliamsAlabama Court of Appeals · 1914