Birmingham Railway, Light & Power Co. v. Friedman
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard, before Hon. E. C. Crowe. Action by Mrs. Sallie Friedman against the Birmingham Railway, Light & Power Company. Judgment for plaintiff, and defendant appeals.
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Appeal from Jefferson Circuit Court. Heard, before Hon. E. C. Crowe. Action by Mrs. Sallie Friedman against the Birmingham Railway, Light & Power Company. Judgment for plaintiff, and defendant appeals. The first count states the relation between plaintiff and defendant, the fact that defendant was a common carrier of passengers, and the time and manner of the injury, together with the catalogue of the injuries, and avers that her said injuries were proximately caused by the negligence of defendant in the negligent manner in which it handled or operated said car upon which she Avas a passenger…
1Opinion of the CourtMcCLELLAN, J.
Mrs. Friedman (appellee) Avas seriously injured by the derailment and wreck of a street ■car, operated by defendant (appellant), on which she Avas a passenger. Her cause of action Avas set forth in tAvo counts. The first ascribed her injury to simple negligence in the handling or operation of the car on AAdiich “she Avas a passenger as aforesaid.” The employment of the Avords “as aforesaid” is taken by defendant as referring to- an anterior description of the quo modo constituting the negligence causing plaintiff’s injury, and thereupon invoke the application of the rule expressed and applied…
2Cases cited16 opinions
- State ex rel. Saunders v. KohnkeSupreme Court of Louisiana · 1903
- Louisville & Nashville Railroad v. HallSupreme Court of Alabama · 1888
- Birmingham Railway, Light & Power Co. v. JordanSupreme Court of Alabama · 1910
- Mayor of Birmingham v. StarrSupreme Court of Alabama · 1895
- Alabama Great Southern R. R. v. ArnoldSupreme Court of Alabama · 1887
11 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- New York Times Company v. SullivanSupreme Court of Alabama · 1962
- Knowles v. BlueSupreme Court of Alabama · 1923
- McLaney v. TurnerSupreme Court of Alabama · 1958
- Alabama Power Company v. SmithSupreme Court of Alabama · 1962
- National Park Bank v. L. & N. R. R.Supreme Court of Alabama · 1917
38 more not listed; retrieve them via the Exa API.