Birmingham Railway, Light & Power Co. v. Jackson
Alabama Court of Appeals
Appeal from Birmingham City Court. Heard before Hon. William M. Walker. Action by Irene Jackson and another as administrators, against the Birmingham Railway, Light & Power Company, for death of their intestate. Judgment for plaintiffs, and defendant appeals.
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Appeal from Birmingham City Court. Heard before Hon. William M. Walker. Action by Irene Jackson and another as administrators, against the Birmingham Railway, Light & Power Company, for death of their intestate. Judgment for plaintiffs, and defendant appeals. The first count alleges that defendant was engaged in the operation of an electric railway and light and power plant, and used in connection with its business certain electric wires, and that defendants, its servants or agents, while acting within the line and scope of their employment, negligently left a live wire exposed at Twelfth…
1Opinion of the Court
PELHAM,' J. —
As amended, the complaint consisted of three counts. Count 2 having been withdrawn by the *593plaintiff (appellee here), the case was submitted to the jury on the first and third counts. The third count of the complaint as amended, as we construe it, is a count charging wanton or willful injury. By its averments it charges in terms, and shows by the facts alleged, wantonness or willfulness. The allegation that the defendant’s servants or agents were cognizant of the surrounding circumstances and conditions existing at the time and place in question, and knew that the injury would…
2Cases cited19 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Memphis & Charleston Railroad v. MartinSupreme Court of Alabama · 1897
- Louisville & Nashville Railroad v. OrrSupreme Court of Alabama · 1898
- Williams v. StateSupreme Court of Alabama · 1906
- Alabama Great Southern Railroad v. RobinsonSupreme Court of Alabama · 1913
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3Cited by2 opinions
- Alabama Power Co. v. JacksonSupreme Court of Alabama · 1936
- Birmingham Ry. L. & P. Co. v. JacksonSupreme Court of Alabama · 1916