Birmingham Ry. L. & P. Co. v. Randle
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. Charles A. Senn. Action by W. J. Randle, as administrator of the estate of John M. Randle, deceased, against the Birmingham Railway, Light & Power Company. From a judgment for plaintiff, defendant appeals. This was an action for damages for the negligent killing; of John M. Randle by running over him with a. car being operated by defendant over its street railway on a populous street in the city of Birmingham.
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Appeal from Birmingham City Court. Heard before Hon. Charles A. Senn. Action by W. J. Randle, as administrator of the estate of John M. Randle, deceased, against the Birmingham Railway, Light & Power Company. From a judgment for plaintiff, defendant appeals. This was an action for damages for the negligent killing; of John M. Randle by running over him with a. car being operated by defendant over its street railway on a populous street in the city of Birmingham. The pleadings in the case sufficiently appear from the opinion. The witness Clayton was shown to have been a conductor on the car…
1Opinion of the Court
DOWDELL, J. —
The cbmplaiint as originally filed contained three counts. The first count was subsequently withdrawn,, and the third count amended. The second count counted on simple negligence, and was in case, while the third count, as amended, was in trespass. This count charged that “The defendant wantonly, willfully, or iu tentionally ran its car or cars against and over the plaintiff’s decedent at said time and place killing the decedent,” etc. The damnifying act is alleged to have been the act. of the defendant corporation, and not of the servant or agent. We. are unable to diaw any…
2Cases cited7 opinions
- Parrish v. StateSupreme Court of Alabama · 1903
- City Delivery Co. v. HenrySupreme Court of Alabama · 1903
- Burney v. TorreySupreme Court of Alabama · 1893
- Ragland v. StateSupreme Court of Alabama · 1899
- Central of Georgia Railway Co. v. FreemanSupreme Court of Alabama · 1903
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Randle v. Birmingham Railway, Light & Power Co.Supreme Court of Alabama · 1910
- Randle v. Birmingham Railway Light & Power Co.Supreme Court of Alabama · 1908
- Alabama City, G. & A. Ry. Co. v. LeeSupreme Court of Alabama · 1917
- Blackmon v. Central of Georgia Railway Co.Supreme Court of Alabama · 1914
- Birmingham Railway, Light & Power Co. v. DemminsAlabama Court of Appeals · 1911
4 more not listed; retrieve them via the Exa API.