Birmingham Railway, Light & Power Co. v. Anderson
Alabama Court of Appeals
Appeal from Birmingham City Court. Heard before Hob. C. W. Fergiisou. Actiou by Wiuuie Audersou agaiust the Birmiugham Railway, Light & Power Oompauy for damages for refusiug to trausport her. Judgmeut for plaiutiff aud defeudaut appeals. Tlie complaint did not sufficiently disclose such relation between the plaintiff and defendant as to raise the duty on defendant to carry her as a passenger*. — N. Bir. By. Co. v. Liddicoat, 99 Ala. 546; Pullmcm Ccur.
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Appeal from Birmingham City Court. Heard before Hob. C. W. Fergiisou. Actiou by Wiuuie Audersou agaiust the Birmiugham Railway, Light & Power Oompauy for damages for refusiug to trausport her. Judgmeut for plaiutiff aud defeudaut appeals. Tlie complaint did not sufficiently disclose such relation between the plaintiff and defendant as to raise the duty on defendant to carry her as a passenger*. — N. Bir. By. Co. v. Liddicoat, 99 Ala. 546; Pullmcm Ccur. Co. v. Kraus] 145 Ala. 395; 4 St. By. Bep. 571; 107 Am. St. Bep. 298; 80 S. W. 86; 41 South. 307; 2 Hutch, on Carriers, secs. 963 and 966; 4…
1Opinion of the CourtWalkeb, P. J.
The grounds of demurrer assigned to count 1 of the complaint as amended distinctly raised the question of the sufficiency of its averments to show the existence of a duty on the part of the defendant (the appellant here) to accept the plaintiff as a passenger, that being the only duty claimed to have been breached.
It may be regarded as settled that it is for the court to pronounce the conclusion, from the facts or circumstances alleged in a complaint, as to what, if any duty *426it shows was owing by the defendant to the plaintiff; and that as to this feature of a complaint counting on the…
2Cases cited9 opinions
- Tennessee Coal, Iron & R. R. v. SmithSupreme Court of Alabama · 1911
- Leach, Harrison & Forwood v. BushSupreme Court of Alabama · 1876
- Ensley Railway Co. v. ChewningSupreme Court of Alabama · 1890
- Republic Iron & Steel Co. v. WilliamsSupreme Court of Alabama · 1911
- Birmingham Ry. L. & P. Co. v. AdamsSupreme Court of Alabama · 1906
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Johnson v. HerringMontana Supreme Court · 1931
- Louisville N. R. Co. v. RobinsonSupreme Court of Alabama · 1925
- Birmingham Electric Co. v. JonesSupreme Court of Alabama · 1937
- Atkinson v. DeanSupreme Court of Alabama · 1916
- Mobile Light R. Co. v. EllisSupreme Court of Alabama · 1922
3 more not listed; retrieve them via the Exa API.