Posey v. Town of North Birmingham
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. A. A. Coleman. Action by Samuel R. Posey for personal injuries received in the operation of an electric lighting plant, alleged to be owned and operated by defendant, the city of North Birmingham. From a judgment for defendant, plaintiff appeals.
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Appeal from Jefferson Circuit Court. Heard before Hon. A. A. Coleman. Action by Samuel R. Posey for personal injuries received in the operation of an electric lighting plant, alleged to be owned and operated by defendant, the city of North Birmingham. From a judgment for defendant, plaintiff appeals. Under the Constitution of 1901, and Acts 1903, page 59, the municipality «'as authorized to own and operate and own an electric lighting plant. — Equitable Loan Go. v. Edioardstille, 38 South. 1016. If this be true, it would be liable for the acts of its agents and servants employed therein. — 59…
1Opinion of the CourtDowdell, J.
This is an action brought by the plaintiff to recover damages on account of personal injuries received for the alleged negligence of the defendant’s servant or agent having superintendence and control of an electric lighting plant owned and operated by the defendant. The complaint, as originally filed, contains six counts, to which demurrers interposed by the defendant were sustained. The first, second, and fourth counts were subsequently amended, and the complaint was further amended by the addition of a count designated as “A.” Demurrers were refiled to the complaint as amended, and were by…
2Cases cited12 opinions
- Fisher v. New Bern.Supreme Court of North Carolina · 1906
- City of Eufaula v. McNabSupreme Court of Alabama · 1880
- Emery v. PhiladelphiaSupreme Court of Pennsylvania · 1904
- Ex parte Mayor of FlorenceSupreme Court of Alabama · 1885
- Herron v. PittsburgSupreme Court of Pennsylvania · 1903
7 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Hillman v. City of AnnistonSupreme Court of Alabama · 1926
- Town of Athens v. MillerSupreme Court of Alabama · 1914
- Brown v. Tuskegee Light & Power Co.Supreme Court of Alabama · 1936
- City of Tuskegee v. SharpeSupreme Court of Alabama · 1973
- State v. HomanAlabama Court of Appeals · 1957
4 more not listed; retrieve them via the Exa API.