Birmingham Electric Ry. Co. v. Clay Admx.
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Tried before Hon. James J. Bakes. The facts of this case are fully stated in the opinion. The charges requested by the defendant, and refused, were as follows: (1.) If the jury believe the evidence, they must find for the defendant. (2.) If the jury believe the evidence, the must find for the defendant under the second count of the complaint.
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Appeal from Jefferson Circuit Court. Tried before Hon. James J. Bakes. The facts of this case are fully stated in the opinion. The charges requested by the defendant, and refused, were as follows: (1.) If the jury believe the evidence, they must find for the defendant. (2.) If the jury believe the evidence, the must find for the defendant under the second count of the complaint. (3.) If the jury believe the evidence in this case, they must find for the defendant under the third count in the complaint. (4.) It is negligence for a person to attempt to board a moving train, and if he be injured…
1Opinion of the CourtHaralson, J.
1. What the height and size of plaintiffs intestate, who was killed by tbe train, had to do with the issue of the case, it is difficult to understand. He was shown to be of m 'diuui height and size. The defendant objected to this proof when offered, because it was irrelevant, immaterial and illegal, but it was let in. It also moved to exclude it, on the same ground, but the motion was overruled. The company was certainly liable to no greater damages, or loss, because the deceased was ot the height and size named. The only effect of such evidence was to confuse and mislead a jury’s mind from…
2Cases cited2 opinions
- Mo. Pac. R'y Co. v. CollierTexas Supreme Court · 1884
- Mowrey v. Central City RailwayNew York Supreme Court · 1867
3Cited by11 opinions
- Watkins v. Birmingham Railway & Electric Co.Supreme Court of Alabama · 1897
- Birmingham Rolling Mill Co. v. RockholdSupreme Court of Alabama · 1904
- Patterson v. MilliganAlabama Court of Appeals · 1914
- Teague, Barnett & Co. v. BassSupreme Court of Alabama · 1901
- Eikenberry v. St. Louis Transit Co.Missouri Court of Appeals · 1904
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