Birmingham Railway Light & Power Co. v. Weathers
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. Charles A. Senn. Action by T. S. Weathers against the Birmingham' Railway, Light & Power Company for injuries received while, a passenger. Plaintiff had judgment, and defendant appeals.
Read the full summary
Appeal from Birmingham City Court. Heard before Hon. Charles A. Senn. Action by T. S. Weathers against the Birmingham' Railway, Light & Power Company for injuries received while, a passenger. Plaintiff had judgment, and defendant appeals. The count considered in the opinion is as follows: “The plaintiff claims of the defendant seven thousand five hundred dollars, for that heretofore, to wit, on the 8th day of May, 1906, defendant was a common carrier of passengers for hire and reward, by the means of a car operated by electricity, in Birmingham, Alabama ; that on said day plaintiff boarded…
1Opinion of the CourtSayre, J.
In an opinion banded down on a day of tbe last term, we indicated our opinion that tbe demurrer to tbe complaint should have been sustained. Counsel for tbe appellee complains strenuously of that judgment, and we, having in mind tbe rights of tbe parties, have been willing to reconsider tbe question involved, and have done so.. In a long line of cases to be traced back through a hundred volumes of our Reports to Leach v. Bush, 57 Ala. 145, it has been held that, when tbe gravamen of the action is the alleged nonfeasance or misfeasance of another, as a general rule, it is sufficient if tbe…
2Cases cited9 opinions
- Armstrong v. Montgomery Street Railway Co.Supreme Court of Alabama · 1898
- Leach, Harrison & Forwood v. BushSupreme Court of Alabama · 1876
- Birmingham Railway L. & Power Co. v. ParkerSupreme Court of Alabama · 1908
- Birmingham Ore & Mining Co. v. GroverSupreme Court of Alabama · 1909
- Birmingham Ry. L. & P. Co. v. AdamsSupreme Court of Alabama · 1906
4 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Birmingham Railway, Light & Power Co. v. GonzalezSupreme Court of Alabama · 1913
- Jackson v. VaughnSupreme Court of Alabama · 1920
- National Park Bank v. L. & N. R. R.Supreme Court of Alabama · 1917
- Alabama Baptist Hospital Board v. CarterSupreme Court of Alabama · 1932
- Dwight Manufacturing Co. v. HolmesSupreme Court of Alabama · 1916
25 more not listed; retrieve them via the Exa API.