Birmingham Ry. Light & Power Co. v. Brown
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before-Hon. A. A. Coleman. Action by Morgan Brown against the Birmingham Railway, Light & Power Company. Judgment for plaintiff. Defendant appeals. This was an action for damages by a passenger for injuries received while being transported as such from Birmingham to Randolph Station on one of defendant’s cars operated by electricity.
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Appeal from Jefferson Circuit Court. Heard before-Hon. A. A. Coleman. Action by Morgan Brown against the Birmingham Railway, Light & Power Company. Judgment for plaintiff. Defendant appeals. This was an action for damages by a passenger for injuries received while being transported as such from Birmingham to Randolph Station on one of defendant’s cars operated by electricity. The first count is in simple negligence, and the facts averred therein as to how defendant was injured are sufficiently set forth in the opinion. The second count -was in the following language : After claiming damages…
1Opinion of the Court
HARALSON, J.-
In M. & C. R. R. Co. v. Martin, 117 Ala. 382, 23 South. 231, it was said, that the intentional doing of an act contrary to duty, although such conduct be culpable and result in injury, without further averment, falls very far short of showing that the injury was intentionally or wantonly inflicted. “Unless there was a purpose to inflict the injury, it cannot be said to have been intentionally done; and unless an act is done, or omitted to be done, under circumstances and conditions known to the persou, that his conduct is likely to, or probably will result in injury, and through…
2Cases cited7 opinions
- City Delivery Co. v. HenrySupreme Court of Alabama · 1903
- Memphis & Charleston Railroad v. MartinSupreme Court of Alabama · 1897
- Yeager v. City of BluefieldWest Virginia Supreme Court · 1895
- Louisville & Nashville Railroad v. BrownSupreme Court of Alabama · 1898
- Southern Railway Co. v. BuntSupreme Court of Alabama · 1901
2 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Lynn Strickland Sales & Serv., Inc. v. AERO-LANE FAB., INC.Supreme Court of Alabama · 1987
- B'ham Ry. L. & P. Co. v. CockrumSupreme Court of Alabama · 1912
- Blount Brothers Construction Company v. RoseSupreme Court of Alabama · 1962
- Jones v. KeithSupreme Court of Alabama · 1931
- Grasselli Chemical Co. v. DavisSupreme Court of Alabama · 1909
24 more not listed; retrieve them via the Exa API.