Birmingham Railway, Light & Power Co. v. Leach
Alabama Court of Appeals
Appeal from Birmingham City Court. Heard before Hon. C. C. Nesmith. Action by William C. Leacb against the Birmingham Railway, Light & Power Company. Judgment for plaintiff, and defendant appeals.
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Appeal from Birmingham City Court. Heard before Hon. C. C. Nesmith. Action by William C. Leacb against the Birmingham Railway, Light & Power Company. Judgment for plaintiff, and defendant appeals. The caption in the bill of exceptions inferred to in the opinion is as follows: “That at the conclusion of the court’s oral charge the defendant in open court, and in the presence of the jury, and before it retired, requested the court separately and severally in writing to give to the jury each of the following charges. The court thereupon separately and severally refused to give each of said…
1Opinion of the Court
PELHAM, J. —
The appellee brought his suit in the trial court to recover damages of the appellant for personal injuries, and the case was submitted to the jury on the second count of the complaint alone, alleging willful, wanton, or intentional conduct on the part of the defendant, its servants or employees in charge of defendant’s street car in running the same against and injuring appellee, who was attempting to cross one of the streets in the city of Birmingham in the night time at or near the intersection of two public streets.
The assignments of error are based on the court’s refusal to…
2Cases cited17 opinions
- Louisville & Nashville Railroad v. AnchorsSupreme Court of Alabama · 1896
- Stowers Furniture Co. v. BrakeSupreme Court of Alabama · 1908
- Alabama Steel & Wire Co. v. GriffinSupreme Court of Alabama · 1907
- Birmingham Ry. L. & P. Co. v. LandrumSupreme Court of Alabama · 1907
- Southern Railway Co. v. HobbsSupreme Court of Alabama · 1907
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3Cited by3 opinions
- Stratton v. U. S. Bulk Carriers, Inc.Court of Appeals of Washington · 1970
- McNeil v. Munson Steamship LineAlabama Court of Appeals · 1913
- Tombigbee Valley Railroad v. StillAlabama Court of Appeals · 1912