Birmingham Railway & Electric Co. v. Jackson
Supreme Court of Alabama
Appeal from City Court of Birmingham. Tried before the Hon. Chas. A. Senn. This was an action brought by the appelle, A. B. Jackson, against the Birmingham Railway & Electric Company, in which plaintiff claims $20,000.00 damages for personal injuries. The complaint contained three counts.
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Appeal from City Court of Birmingham. Tried before the Hon. Chas. A. Senn. This was an action brought by the appelle, A. B. Jackson, against the Birmingham Railway & Electric Company, in which plaintiff claims $20,000.00 damages for personal injuries. The complaint contained three counts. In the first count it was alleged that the defendant was engaged in operating a line of street cars on Twentieth street, between First Avenue and Avenue A in the city of Birmingham, which street was a much frequented public thoroughfare; that on November 21st, 1898, the plaintiff: was upon said street at or…
1Opinion of the CourtMcCLELLAN, C. J.
The testimony of the plaintiff that he “had to get on the electric car track or right at it in order to cross the A. Gf. S. track that that switch engine was on,” was open to the objection interposed to it by the defendant: It was in form and substance a mere conclusion of the witness upon facts which were capable of being fully laid before the jury. The court’s action in allowing it to be adduced was erroneous.— Bullock v. Wilson, 5 Port, 338; Gibson, v. Hatchett, 24 Ala. 201; Jones v. Hatchett, 14 Ala. 743; Otis v. Thorn, 23 Ala. 469; Tanner’s Executor v. Louisville & Nashville *286Railroad…
2Cases cited12 opinions
- Ga. Pacific Railway Co. v. LeeSupreme Court of Alabama · 1890
- Tanner's v. Louisville & Nashville RailroadSupreme Court of Alabama · 1877
- Carney v. StateSupreme Court of Alabama · 1885
- East Tenn., Va. & Ga. Railroad v. WatsonSupreme Court of Alabama · 1890
- Reeves v. StateSupreme Court of Alabama · 1892
7 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Pollard v. RogersSupreme Court of Alabama · 1937
- Birmingham Bottling Co. v. MorrisSupreme Court of Alabama · 1915
- Barlow v. HamiltonSupreme Court of Alabama · 1907
- Schmidt v. Mobile Light R. Co.Supreme Court of Alabama · 1920
- General Accident, Fire & Life Assur. Corp. v. JordanSupreme Court of Alabama · 1935
8 more not listed; retrieve them via the Exa API.