Johnson v. Birmingham Railway L. & P. Co.
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. A. A. Coleman. Action by J. H. Johnson, as administrator of Charles F. Bridgeman, deceased, against the Birmingham Railway, Light & Power Company, to recover damages for defendant’s .alleged negligence in causing the death of plaintiff’s intestate. From a judgment for defendant, plaintiff appeals. The first count was for willful, wanton,, or intentional negligence. The second and third counts were in simple negligence.
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Appeal from Jefferson Circuit Court. Heard before Hon. A. A. Coleman. Action by J. H. Johnson, as administrator of Charles F. Bridgeman, deceased, against the Birmingham Railway, Light & Power Company, to recover damages for defendant’s .alleged negligence in causing the death of plaintiff’s intestate. From a judgment for defendant, plaintiff appeals. The first count was for willful, wanton,, or intentional negligence. The second and third counts were in simple negligence. The fourth count sufficiently appears from the opinion. It is deemed unnecessary to set out any of the counts of the…
1Opinion of the Court
DOWDELL, J. —
The fourth count of the complaint, to which a demurier was sustained, after averring in general terms the negligent operation of the car or cars bv defendant’s servant, contained the following averment : “And plaintiff avers that said car or cars were negligently operated in this,: that it was a dark night, said car or cais did not have a sufficient headlight, and were being run rapidly, and said negligence proximately caused said intestate’s said injuries and death, to the damage of plaintiff as foresaicl.” Where a complaint in general terms avers negligence, and then avers the…
2Cases cited10 opinions
- Central of Georgia Railway Co. v. FosheeSupreme Court of Alabama · 1899
- Glass v. Memphis & Charleston RailroadSupreme Court of Alabama · 1891
- Southern Railway Co. v. SheltonSupreme Court of Alabama · 1902
- Southern Railway Co. v. BushSupreme Court of Alabama · 1898
- Louisville & Nashville Railroad v. BrownSupreme Court of Alabama · 1898
5 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Jackson v. VaughnSupreme Court of Alabama · 1920
- Louisville & Nashville Railroad v. YoungSupreme Court of Alabama · 1907
- Dwight Manufacturing Co. v. HolmesSupreme Court of Alabama · 1916
- Birmingham R. L. & P. Co. v. SaxonSupreme Court of Alabama · 1912
- Thompson v. WhiteSupreme Court of Alabama · 1963
34 more not listed; retrieve them via the Exa API.