Birmingham Railway Light & Power Co. v. Wise
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Action by Mollie Wise against the Birmingham. Bailwav, Light & Power Company. Judgment for plaintiff. Defendant appeals. This is an action by one offering herself as a passenger of defendant for a failure on part of the defendant to cairy her and her minor children from one point upon the line of defendant’s street railway to another point on said line.
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Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Action by Mollie Wise against the Birmingham. Bailwav, Light & Power Company. Judgment for plaintiff. Defendant appeals. This is an action by one offering herself as a passenger of defendant for a failure on part of the defendant to cairy her and her minor children from one point upon the line of defendant’s street railway to another point on said line. The complaint contained two counts, as follows: “(1) The plaintiff claims of the defendant five thousand dollars, for that heretofore, to-wit, on the 18th day of November,…
1Opinion of the Court
HARALSON, J. —
The demurrer to the first count is sought to be sustained on the ground that the count *497does not show that the relation of carrier and passenger existed at the time of the grievance complained of. The count as amended, alleges in terms, that “plaintiff and her children were defendant’s passengers and it was the duty of defendant to carry them on said car from Gate City (the initial station) to said Birmingham as aforesaid.” The second count contains the same averment. The circumstances stated in the counts, aside from the positive averment of the relation of carrier and…
2Cases cited8 opinions
- Central of Georgia Railway Co. v. FosheeSupreme Court of Alabama · 1899
- Louisville & Nashville Railroad v. MarkeeSupreme Court of Alabama · 1893
- Ala. Great Southern Railroad v. SellersSupreme Court of Alabama · 1890
- McGuff v. StateSupreme Court of Alabama · 1889
- Wade v. StateSupreme Court of Alabama · 1874
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Fireman's Fund Am. Ins. Co. v. ColemanSupreme Court of Alabama · 1981
- Pere Marquette Railroad v. StrangeIndiana Supreme Court · 1908
- Bradley v. WalkerSupreme Court of Alabama · 1922
- Birmingham Railway Light & Power Co. v. OdenSupreme Court of Alabama · 1909
- Atkinson v. KelleyAlabama Court of Appeals · 1913
1 more not listed; retrieve them via the Exa API.