Birmingham Railway, Light & Power Co. v. Long
Alabama Court of Appeals
Appeal from Birmingham City Court. Heard before Hon. Charles W. Ferguson. Action by Mrs. Sarah Long against the Birmingham Railway, Light & Power Company. Judgment for plaintiff, and defendant appeals.
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Appeal from Birmingham City Court. Heard before Hon. Charles W. Ferguson. Action by Mrs. Sarah Long against the Birmingham Railway, Light & Power Company. Judgment for plaintiff, and defendant appeals. The question asked Lindsay is as follows: “Well, non’, I will ask yon, Mr. Lindsay, whether or not that cut interfered with or hindered the use of that alley for the purposes of ingress and egress?” The answer was that they could not use it at all scarcely; and the witness proceeded to describe the alley, the cut, and the condition surrounding both. The witness Estelle, being examined for…
1Opinion of the Court
PELHAM, J. —
By a process of elimination in pleading and withdrawals, the five counts of the complaint *514and amendments thereto were reduced, so that the case Avas finally submitted to the jury on an issue made under the defendant’s pleas to the fifth count of the complaint as amended. Demurrers were filed to this amended count, and the appellant (avIio Avas the defendant below) insists that the trial court committed error in overruling these demurrers.
The case made by the fifth count of the complaint, as amended, is: That the defendant Avas a public sendee corporation; that plaintiff Avas the…
2Cases cited15 opinions
- Jones v. StateSupreme Court of Alabama · 1911
- Meighan v. Birmingham Terminal Co.Supreme Court of Alabama · 1910
- City of Eufaula v. SimmonsSupreme Court of Alabama · 1888
- Highland Avenue & Belt Railroad v. MatthewsSupreme Court of Alabama · 1892
- Southern Railway Co. v. HobbsSupreme Court of Alabama · 1907
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3Cited by4 opinions
- Great American Insurance v. Railroad Furniture Salvage of Mobile, Inc.Supreme Court of Alabama · 1964
- Thomas K. Reed, Jr. Cross-Appellee v. Aaacon Auto Transport, Inc., a New York Corporation, Cross-AppellantCourt of Appeals for the Tenth Circuit · 1981
- Whitlow v. MooreSupreme Court of Alabama · 1945
- Birmingham Railway, Light & Power Co. v. LongAlabama Court of Appeals · 1913