Birmingham Railway, Light & Power Co. v. McLeod
Alabama Court of Appeals
Appeal from Birmingham City Conrt. Heard before Hon. Charles W. Ferguson. Action by Kobert A. McLeod against the Birmingham Bailway, Light & Power Company. Judgment for plaintiff, and defendant appeals.
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Appeal from Birmingham City Conrt. Heard before Hon. Charles W. Ferguson. Action by Kobert A. McLeod against the Birmingham Bailway, Light & Power Company. Judgment for plaintiff, and defendant appeals. Count 1, after stating that defendant was a common carrier of passengers by means of a car propelled by electricity upon a railway from a certain point in Bessemer to and by Thirty-Second street, in Bessemer, to Birmingham, Ala., and that on, to wit, the 24th day of December, 1911, plaintiff became and was defendant’s passenger, to be carried by it from said certain point in Bessemer to…
1Opinion of the Court
THOMAS, J. —
The reporter will set out count 1 of the complaint, the overruling by the court of a demurrer to which is here assigned as error by the defendant.
We are of opinion that the demurrer should have been sustained. The count, it will be observed, is predicated, not upon negligence, but upon wantonness or willfulness in inflicting the injury. It avers in the alternative that defendant’s servant in charge of the car, acting within the line and scope of his authority as such, “wantonly or intentionally caused plaintiff to suffer said injuries and damage by -wantonly or intentionally…
2Cases cited11 opinions
- Memphis & Charleston Railroad v. MartinSupreme Court of Alabama · 1897
- Wilkinson v. SearcySupreme Court of Alabama · 1884
- Southern Railway Co. v. WeatherlowSupreme Court of Alabama · 1907
- Southern Railway Co. v. BuntSupreme Court of Alabama · 1901
- Birmingham Ry. Light & Power Co. v. BrownSupreme Court of Alabama · 1907
6 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Southern Railway Co. v. JarvisAlabama Court of Appeals · 1914
- Birmingham Railway, Light & Power Co. v. WilliamsAlabama Court of Appeals · 1914