Birmingham Railway Light & Power Co. v. Barrett
Alabama Court of Appeals
Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Crow. Action by B-. C. Barrett against the Birmingham Bailway Light & Power Company, for damages for loss of services of his wife by reason of injuries inflicted upon her by the defendant carrier while she was a passenger on one of its cars. Judgment for plaintiff and defendant appeals.
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Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Crow. Action by B-. C. Barrett against the Birmingham Bailway Light & Power Company, for damages for loss of services of his wife by reason of injuries inflicted upon her by the defendant carrier while she was a passenger on one of its cars. Judgment for plaintiff and defendant appeals. Appellant’s demurrers to the 1st count should have been sustained, for it is well settled that where a complaint avers negligence in general terms then attempts to set out the particular acts constituting the negligence such acts must of themselves…
1Opinion of the CourtPelham, J.
An action was brought by the appellee against the appellant, a common carrier, for lost services of his wife, by reason of injuries alleged to have been sustained by her while a passenger on one of the appellant’s cars. There was a -verdict and judgment for the plantiff, from which the defendant prosecutes this appeal.
The first count of the complaint, after stating the relationship of the parties and how the plaintiff’s wife was injured, and describing her injuries, etc., concludes in a separate paragraph, alleging negligence in general terms as follows: “And plaintiff avers that his wife’s…
2Cases cited12 opinions
- Armstrong v. Montgomery Street Railway Co.Supreme Court of Alabama · 1898
- Birmingham Railway, Light & Power Co. v. JordanSupreme Court of Alabama · 1910
- Montgomery & Eufaula Railway Co. v. MalletteSupreme Court of Alabama · 1890
- Meighan v. Birmingham Terminal Co.Supreme Court of Alabama · 1910
- Kansas City, Memphis & Birmingham Railway Co. v. MatthewsSupreme Court of Alabama · 1904
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3Cited by4 opinions
- B'ham Ry. L. & P. Co. v. BarrettSupreme Court of Alabama · 1912
- B'ham Ry. L. & P. Co. v. GlennSupreme Court of Alabama · 1912
- Birmingham Ry. L. & P. Co. v. CockrellAlabama Court of Appeals · 1914
- Louisville & Nashville R. R. v. MyersAlabama Court of Appeals · 1915