Birmingham Southern Railroad v. Powell
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. Charles A. Sbnn. This action was brought by the appellee, Thomas E. Powell, against the Birmingham Southern Railway Co.,, and sought to recover $15,000 damages for personal injuries alleged to have been sustained by the plaintiff, by reason of the negligence of the defendant or its employes.
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Appeal from the City Court of Birmingham. Tried before the Hon. Charles A. Sbnn. This action was brought by the appellee, Thomas E. Powell, against the Birmingham Southern Railway Co.,, and sought to recover $15,000 damages for personal injuries alleged to have been sustained by the plaintiff, by reason of the negligence of the defendant or its employes. The pleadings in the case and the facts necessary to-an understanding of the decision on the present appeal,, are sufficiently stated in the opinion. The defendant separately excepted to the following portions of the court’s oral charge to…
1Opinion of the CourtDowdell, J.
Tbis is an action brought by tbe plaintiff to recover damages for personal injuries received in a collision between tbe cars of tbe defendant company and a car of tbe Birmingham Bailway. & Electric Company, at an intersection or crossing of tbe tracks of tbe two companies in one of tbe public streets of tbe city of Birmingham. Tbe complaint contained five counts, all of which, except tbe second, charged simple negligence. The second count, as amended after demurrer sustained to it, charged wanton or intentional injury. Six pleas were filed by the defendant, tbe first plea being tbe general…
2Cases cited8 opinions
- Louisville & Nashville Railroad v. MarkeeSupreme Court of Alabama · 1893
- Louisville & Nashville Railroad v. OrrSupreme Court of Alabama · 1898
- Louisville & Nashville Railroad v. WebbSupreme Court of Alabama · 1892
- Louisville & Nashville Railroad v. AnchorsSupreme Court of Alabama · 1896
- Richmond & Danville Railroad v. GreenwoodSupreme Court of Alabama · 1892
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Adkisson v. City of SeattleWashington Supreme Court · 1953
- Louisville & N. R. R. v. WilliamsSupreme Court of Alabama · 1913
- Appel v. Selma Street & Suburban Railway Co.Supreme Court of Alabama · 1912
- Charleston & Western Carolina Railway Co. v. McElmurrayCourt of Appeals of Georgia · 1915
- A. G. S. R. R. v. HanburySupreme Court of Alabama · 1909
6 more not listed; retrieve them via the Exa API.