Kennedy v. Birmingham Railway, Light & Power Co.
Supreme Court of Alabama
Appeal from the City Court of Bessemer. Tried before the Hon. B. C. Jones. This action was brought by the appellant, W. T. Kennedy, against the Birmingham Railway, Light & Power Company, to recover damages for the alleged wrongful ejection of the plaintiff from one of tbe cars operated by the defendant.
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Appeal from the City Court of Bessemer. Tried before the Hon. B. C. Jones. This action was brought by the appellant, W. T. Kennedy, against the Birmingham Railway, Light & Power Company, to recover damages for the alleged wrongful ejection of the plaintiff from one of tbe cars operated by the defendant. It was averred in each count of tbe complaint that the defendant was engaged in operating a street railway system in Birmingham and in Bessemer and between said named places; that the plaintiff boarded one of the defendant’s cars at or near the intersection of Fourth Avenue and Eighteenth…
1Opinion of the CourtTyson, J.
Substantially but one question is presented by this record. It is the reasonableness of a regulation of defendant company requiring the plaintiff as a passenger to pay in cash a greater sum than is charged by it for a ticket between the same points.
It is shown both by the averments of counts one and two and by the evidence, that the car boarded by plaintiff stopped at or near the intersection of certain streets in the city of Birmingham for the purpose of taking on passengers, and that defendant had no depot or agent or tickets for sale at that point. The point was designated by the…
2Cases cited6 opinions
- Pullman Palace Car Co. v. ReedIllinois Supreme Court · 1874
- Swan v. Manchester & Lawrence RailroadMassachusetts Supreme Judicial Court · 1882
- Phettiplace v. Northern Pacific RailroadWisconsin Supreme Court · 1893
- Sage v. Evansville & Terre Haute RailroadIndiana Supreme Court · 1893
- Evans v. Memphis & Charleston Rail RoadSupreme Court of Alabama · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Louisville & N. R. Co. v. HarperSupreme Court of Alabama · 1919
- Louisville & Nashville R. R. v. BoggsSupreme Court of Alabama · 1917
- Martin v. the Rhode Island CompanySupreme Court of Rhode Island · 1911