Birmingham E. & B. R. R. v. Wilson
Alabama Court of Appeals
Appeal from Birmingham City Court. Heard before Hon. John H. Miller. Action by Mrs. S. E. Wilson against the Birmingham, Ensley & Bessemer Railroad Company, for damages for injury while a passenger. Judgment for plaintiff and defendant appeals.
1Opinion of the CourtThomas, J.
The action was by appellee against appellant, as a common carrier of passengers by street railway, for alleged negligence in carrying her, who was at the time a passenger, beyond her destination, whereby she suffered, as the alleged proximate result thereof, the injuries and damages complained of.(1) Only one count of the complaint, count 2, went to the jury. It was predicated upon simple negligence, and appellant complaints of the action of the court in overruling its demurrer thereto, which raised the point and asserts, in substance, that the count is so vague and indefinite in its…
2Cases cited7 opinions
- Harris v. TheusSupreme Court of Alabama · 1907
- O'Conner v. NadelSupreme Court of Alabama · 1897
- Cook v. Southern Railway Co.Supreme Court of Alabama · 1907
- Napier v. StateSupreme Court of Alabama · 1874
- Birmingham Railway, Light & Power Co. v. ElmitAlabama Court of Appeals · 1913
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