St. Louis & S. F. R. R. v. Jamar
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. William M. Walker. Action for personal injuries by D. W. Jamar against the St. Louis & San Francisco Railroad Company. Verdict and judgment for plaintiff, and defendant appeals.
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Appeal from Birmingham City Court. Heard before Hon. William M. Walker. Action for personal injuries by D. W. Jamar against the St. Louis & San Francisco Railroad Company. Verdict and judgment for plaintiff, and defendant appeals. The following is count 2: “Plaintiff further claims of defendant the sum of $10,000 damages for that on, to wit, the 17th day of August, 1906, the defendant owned, used, or occupied a certain railroad, right of way, or roadbed along and over a public thoroughfare in the city of Birmingham, Ala., known and designated as Thirteenth street; that on said thoroughfare…
1Opinion of the CourtMcCLELLAN, J.
-Action by a pedestrian (appellee) for damages resulting from an injury received by falling into a ditch or drain alleged to have been negligently permitted or allowed by the appellant in a public street in which appellant’s railway was constructed. Of the four counts filed, only count 2 was submitted to the jury. The report of the appeal will contain count 2.
Independent of statute or contract, when a railway is allowed to be constructed in a public street, the duty attaches to have and to keep that part of the street occupied by its track, including that part related to the support of the…
2Cases cited1 opinion
- Montgomery St. Ry. Co. v. SmithSupreme Court of Alabama · 1905
3Cited by4 opinions
- Gulf, M. O. R. Co. v. SimsSupreme Court of Alabama · 1953
- Birmingham, Ensley & Bessemer R. R. v. StaggSupreme Court of Alabama · 1916
- Alabama Power Co. v. LewisSupreme Court of Alabama · 1932
- National Life Accident Ins. Co. v. MooreSupreme Court of Alabama · 1927