Legal Opinion

Birmingham Railway, Light & Power Co. v. Williams

Alabama Court of Appeals

Decided February 10, 1914Published

Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Ckowe. Action by Hester Williams, individually, and as next friend to Mamie and Luke Williams, against tbe Birmingham Railway, Light & Power Company, for'damages for carrying them as passengers beyond their destination. Judgment for plaintiff, and defendant appeals.

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Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Ckowe. Action by Hester Williams, individually, and as next friend to Mamie and Luke Williams, against tbe Birmingham Railway, Light & Power Company, for'damages for carrying them as passengers beyond their destination. Judgment for plaintiff, and defendant appeals. The facts made by the complaint are that defendant was a common carrier of passengers for hire by means of cars propelled by electricity in the city of Birmingham, and that at a certain time plaintiff and her children, who are minors, took passage on one of the car¡s…

1Opinion of the CourtPelham, J.

This appeal grows out of. a trial had in the court below, in which the appellee, as plaintiff in that court, brought suit to recover damages of the appellant under a similar state of facts and circumstances, based on the same transaction, and the plaintiff’s injuries attributed to the same wrongs, as complained of in the suits heretofore before this court reported as B. R., L. & P. Co. v. M. Elmit, 6 Ala. App. 653, 60 South. 981, and B. R., L. & P. Co. v. Elmit, 6 Ala. App. 657, 60 South. 982.

The complaint on which this case was tried is in three counts, and, acting evidently on the idea that…

2Cases cited7 opinions

  1. Louisville & Nashville Railroad v. OrrSupreme Court of Alabama · 1898
  2. Louisville & Nashville Railroad v. BrownSupreme Court of Alabama · 1898
  3. Stringer v. Alabama Mineral RailroadSupreme Court of Alabama · 1892
  4. Louisville & Nashville Railroad v. BanksSupreme Court of Alabama · 1901
  5. Birmingham Railway, Light & Power Co. v. ElmitAlabama Court of Appeals · 1913

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