Birmingham Electric Co. v. Jones

BOULDIN, Justice.

Action for personal injuries to a pedestrian struck by a passing street car.

Count B of the amended complaint, on which the case went to the jury, alleges that the defendant, a common carrier of passengers for hire, was operating electric street cars on the streets of the city of Bessemer, upon tracks imbedded in the streets at grade; that at the “intersection of Nineteenth Street and Carolina Avenue, and while plaintiff was then and there on foot waiting to take passage upon said car as a passenger at a point at said intersection, which was a customary and regular stopping…