Birmingham Ry. & Electric Co. v. Mason
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. A. A. Coleman. Action by James Mason against tbe Birmingham Railway & Electric Company for damages for assault and battery committed by defendant’s conductor. Charge requested by 'the plaintiff, and given by the court, and assigned as error, was as follows: “(1) Even though it be the duty of the conductor to keep James.
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Appeal from Jefferson Circuit Court. Heard before Hon. A. A. Coleman. Action by James Mason against tbe Birmingham Railway & Electric Company for damages for assault and battery committed by defendant’s conductor. Charge requested by 'the plaintiff, and given by the court, and assigned as error, was as follows: “(1) Even though it be the duty of the conductor to keep James. Masón out of that part of the car for white people, yet it was the duty of the conductor not to use any more force than was necessary for that purpose, and, if no force was necessary, then it was the duty of the conductor…
1Opinion of the CourtDenson, J.
On the former appeal in this case it was held that both counts of the complaint were subject to the demurrer interposed to them. — Birmingham Ry. & Elec. Co. v. Mason, 137 Ala. 342, 34 South. 207. On remandment of the cause plaintiff amended the first count of the complaint to meet the demurrer and further amended the complaint by striking out the second count. The defendant refiled the demurrer to the complaint and the court overruled it. The first assignment of error challenges the correctness of the court’s ruling on the demurrer, but the assignment is waived in the brief of counsel.
The…
2Cases cited25 opinions
- Cobb v. MaloneSupreme Court of Alabama · 1890
- Campbell v. StateSupreme Court of Alabama · 1853
- Ala. Great Southern Railroad v. FrazierSupreme Court of Alabama · 1890
- Stoudenmeier v. WilliamsonSupreme Court of Alabama · 1857
- Birmingham Railway & Electric Co. v. BairdSupreme Court of Alabama · 1900
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3Cited by18 opinions
- Whitten v. Allstate Ins. Co.Supreme Court of Alabama · 1984
- Sovereign Camp, W. O. W. v. DavisSupreme Court of Alabama · 1941
- Dulaney v. BurnsSupreme Court of Alabama · 1928
- Reed v. L. Hammel Dry Goods Co.Supreme Court of Alabama · 1927
- Montgomery v. StateAlabama Court of Appeals · 1911
13 more not listed; retrieve them via the Exa API.