Willingham v. Birmingham Ry., Light & Power Co.
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; C. W. Ferguson, Judge. Action by Elias Willingham against the Birmingham Railway, Light & Power Company, for damages for injuries suffered while a passenger. Judgment for the defendant, and plaintiff appeals.
Read the full summary
Appeal from Circuit Court, Jefferson County; C. W. Ferguson, Judge. Action by Elias Willingham against the Birmingham Railway, Light & Power Company, for damages for injuries suffered while a passenger. Judgment for the defendant, and plaintiff appeals. First count, after alleging the relation of passenger and carrier, charges that while plaintiff was a passenger the motorman, an agent or servant of the defendant, in charge of and controlling the operation of said car, in violation of his duty as such agent or servant, assaulted the plaintiff by striking him in the face. Count 2 charges the…
1Opinion of the CourtMcCLELLAN, J.
[1] The plaintiff, appellant, stated his case against the appellee, a street railway company operating lines as a common carrier of passengers, in several counts, under the averments of five of which the testimony was taken. The allegation common to all of these counts defined the plaintiff’s relation to have been that of a passenger at the time the wrongs averred were suffered by him at the hands of the carrier’s motorman. The plaintiff’s evidence went to show that as he was preparing to leave the car on which he was, in fact, a passenger the motorman commanded him to close the door through…
2Cases cited4 opinions
- Birmingham Railway & Electric Co. v. BairdSupreme Court of Alabama · 1900
- Alabama City, G. & A. Ry. Co. v. SampleySupreme Court of Alabama · 1910
- Melton v. Birmingham Railway Light & Power Co.Supreme Court of Alabama · 1907
- Birmingham Railway, Light & Power Co. v. O'BrienSupreme Court of Alabama · 1914
3Cited by7 opinions
- Alabama Power Co. v. HallSupreme Court of Alabama · 1925
- Vaughn v. Dwight Mfg. Co.Supreme Court of Alabama · 1921
- Deason v. Greyhound CorporationLouisiana Court of Appeal · 1958
- Ashworth v. Alabama Great Southern R. Co.Supreme Court of Alabama · 1924
- Landis v. Wichita Railroad & LightSupreme Court of Kansas · 1922
2 more not listed; retrieve them via the Exa API.