B'ham Ry. L. & P. Co. v. Glenn
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. H. A. Sharpe. Action by Mrs. Alice G-lenn against the Birmingham Railway Light & Power Company for damage and injury suffered while a passenger. Judgment for plaintiff and defendant appeals. The first count of the complaint as originally filed was demurrable on the authority of Birmingham R. L. cC- P. Go. v. Weathers, 51 South. 303. The count was not cured by the amendment.
Read the full summary
Appeal from Birmingham City Court. Heard before Hon. H. A. Sharpe. Action by Mrs. Alice G-lenn against the Birmingham Railway Light & Power Company for damage and injury suffered while a passenger. Judgment for plaintiff and defendant appeals. The first count of the complaint as originally filed was demurrable on the authority of Birmingham R. L. cC- P. Go. v. Weathers, 51 South. 303. The count was not cured by the amendment. The third count was also subject to the demurrer interposed. — W. U. Tel. Go. v. Wilson, 92 Ala. 32; W. U. Tel. Go. v. Krichbawn, 132 Ala. 532; W. TJ. Tel. Go. v.…
1Opinion of the CourtSomerville, J.
1. The first count of the complaint showed the relation of common carrier and passenger between plaintiff and defendant, and sufficiently alleged the negligence of defendant. — B. R., L. & P. Co. v. Gonzales, 61 South. 80; B. R., L. & P. Co. v. Barrett, 4 Ala. App. 247, 58 South. 760, and- the cases therein cited.
2. The third count shows the same relation, and.alleges that, while plaintiff was defendant’s passenger on its car at East Lake, its servant or agent on said car, and in charge thereof, wrongfully used profane, abusive, or insulting language in the presence and hearing of plaintiff,…
2Cases cited18 opinions
- Birmingham Railway, Light & Power Co. v. GonzalezSupreme Court of Alabama · 1913
- Harris v. StateSupreme Court of Alabama · 1892
- Smith v. StateSupreme Court of Alabama · 1889
- Hale v. StateSupreme Court of Alabama · 1898
- Birmingham Railway & Electric Co. v. BairdSupreme Court of Alabama · 1900
13 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Nashville, Chattanooga & St. Louis Railway v. CrosbySupreme Court of Alabama · 1915
- Tyler v. Insurance Company of North America, Inc.Supreme Court of Alabama · 1976
- Roberts v. StateCourt of Criminal Appeals of Alabama · 1977
- Pappas v. Alabama Power CompanySupreme Court of Alabama · 1960
- Franklin v. CannonSupreme Court of Alabama · 1990
23 more not listed; retrieve them via the Exa API.