Birmingham Ry., L. & P. Co. v. Smith

Action against defendant street railway company as a common cárrier for wrongful ejection of plaintiff as a passenger, and appeal by the former from a judgment in the latter’s favor.

The complaint, which consisted of but one count, alleged, so far as is material to the consideration of the demurrer filed and urged against it, that: Plaintiff “boarded one of defendant’s street cars at Morris avenue and Twentieth street, in the city of Birmingham, and paid the fare demanded of him by defendant’s conductor for transportation on said car, and plaintiff alleges that at the time he paid said fare he…