Birmingham Ry. L. & P. Co. v. Lipscomb
Supreme Court of Alabama
Appeal from Bessemer City Court. Heard before Hon. J. C. B. GwiN. Action by Dáisy Lipscomb against the Birmingham Railway, Light & Power Company. Transferred from the Court of Appeals under section 6, Act April 18, 1911, p. 450. Judgment for plaintiff, and defendant appeals. The pleadings sufficiently appear.
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Appeal from Bessemer City Court. Heard before Hon. J. C. B. GwiN. Action by Dáisy Lipscomb against the Birmingham Railway, Light & Power Company. Transferred from the Court of Appeals under section 6, Act April 18, 1911, p. 450. Judgment for plaintiff, and defendant appeals. The pleadings sufficiently appear. It seems that Mrs. Lipscomb was the mother of the wife of Mr. Hill, and that Hill had the child of the marriage, and that Mrs. Lipscomb was endeavoring to get the child when the altercation occurred which resulted in the suit; the evidence for defendant tending to show that the…
1Opinion of the Court
THOMAS, ‘J.
The plaintiff states her cause of action in four counts. Count 1 charges the wrongful ejection of plaintiff as a passenger from a car; count 2 charges the commission of an assault and battery by defendant’s agent or servant on plaintiff as a passenger; and counts 3 and 4 charge that the agent or servant of the defendant carrier negligently permitted one Hill to commit an assault and battery on plaintiff and to eject plaintiff *655from defendant’s car. Defendant pleaded the general issue; and verdict was rendered for the plaintiff.(1) It is settled in this state that, where a known…
2Cases cited14 opinions
- Nashville, Chattanooga & St. Louis Railway v. CrosbySupreme Court of Alabama · 1915
- In re BreeneSupreme Court of Colorado · 1890
- Ley v. Metropolitan Life InsuranceSupreme Court of Iowa · 1903
- Mannington v. Hocking Valley Ry. Co.U.S. Circuit Court for the District of Southern Ohio · 1910
- Brunswick & Western Railroad v. PonderSupreme Court of Georgia · 1903
9 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Noble v. StateSupreme Court of Alabama · 1950
- Nelson v. Darling Shop of Birmingham, Inc.Supreme Court of Alabama · 1963
- Patterson v. StateSupreme Court of Alabama · 1937
- Liverpool London Globe Ins. Co v. McCreeSupreme Court of Alabama · 1924
- Clay County Abstract Co. v. McKaySupreme Court of Alabama · 1933
7 more not listed; retrieve them via the Exa API.