Birmingham Railway, Light & Power Co. v. Fisher
Supreme Court of Alabama
Appeal from) Jefferson Circuit Court. Heard before Hon. A. O. Lane. Action by Mrs. Ora M. Fisher against the Birmingham Railway, Light & Power Company for damages for injury to her while a passenger. Judgment for plaintiff, and defendant appeals.
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Appeal from) Jefferson Circuit Court. Heard before Hon. A. O. Lane. Action by Mrs. Ora M. Fisher against the Birmingham Railway, Light & Power Company for damages for injury to her while a passenger. Judgment for plaintiff, and defendant appeals. The complaint was as follows: Count 1: “Plaintiff claims of defendant $10,000 as damage, for that heretofore, to wit, on the 18th day of November, 1909, defendant was a common carrier of passengers by means of a car operated by electricity upon a railway known as the 'East Lake Line,’ in Jefferson county, Alabama; that on said day plaintiff was…
1Opinion of the CourtMcCLELLAN, J.
Action for damages for personal injuries by passenger against the carrier.
The first and third counts, charging simple negligence to the injury of plaintiff, were not subject to demurrer. —L. & N. R. R. Co. v. Perkins, 152 Ala. 133, 44 South. 602.
In instructions to the jury it is essential that the hypotheses to a recovery include the condition that the negligence or wrong charged in the complaint afforded the proximate cause of the injury complained of, — B. R. L. & P. Co. v. Moore, 163 Ala. 44, 50 South. 115; B. R. L. & P. Co., v. Jones, 146 Ala. 277, 41 South. 146.
In pleading a count is…
2Cases cited7 opinions
- Louisville & Nashville Railroad v. PerkinsSupreme Court of Alabama · 1907
- Birmingham Railway L. & P. Co. v. JungSupreme Court of Alabama · 1909
- Birmingham Ry. Light & Power Co. v. JonesSupreme Court of Alabama · 1906
- Louisville & Nashville Railroad v. BanksSupreme Court of Alabama · 1901
- Richmond & Danville Railroad v. VanceSupreme Court of Alabama · 1890
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Birmingham Railway, Light & Power Co. v. GonzalezSupreme Court of Alabama · 1913
- Alabama Power Co. v. KendrickSupreme Court of Alabama · 1929
- Greenwood Cafe v. LovinggoodSupreme Court of Alabama · 1916
- Reynolds v. Atlantic Coast Line R. Co.Supreme Court of Alabama · 1948
- Zimmern v. Standard Motor Car Co.Supreme Court of Alabama · 1921
4 more not listed; retrieve them via the Exa API.