Birmingham Railway, Light & Power Co. v. Canfield
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. C. C. Nesmith. Action by Lloyd H. Canfield against the Birmingham Bailway, Light & Power Company. From a judgment for plaintiff, defendant appeals. The facts appear from the opinion of the court.
Read the full summary
Appeal from Birmingham City Court. Heard before Hon. C. C. Nesmith. Action by Lloyd H. Canfield against the Birmingham Bailway, Light & Power Company. From a judgment for plaintiff, defendant appeals. The facts appear from the opinion of the court. The following charges were refused to the defendant: (3) “If you believe from the evidence that at and prior to the time of the accident there was no trouble with the lights supplied with electric current from the Edison wire at Twenty-Third street, which it is alleged was in contact with the arc circuit, then you must find for defendant.” (5) “If…
1Opinion of the CourtMcCLELLAN, J.
Action for personal injuries, by a servant (appellee) against the master. Of the nine counts of the complaint filed, one only — the third — was not affirmatively charged out by the court. , That, Avith a general traverse and special pleas of assumption of risk and contributory negligence, of the sufficiency of Avhich special pleas no question appears to have been made, constituted the issues submitted to the jury. The plaintiff AA’as a lineman in the employ of the defendant, and Avas, AAdien injured, engaged in that service. The point of contention between the litigants really arises in…
2Cases cited5 opinions
- Jackson Lumber Co. v. CunninghamSupreme Court of Alabama · 1904
- Chamberlain v. Southern Ry. Co.Supreme Court of Alabama · 1909
- Louisville & Nashville R. R. v. FitzgeraldSupreme Court of Alabama · 1909
- Long v. CummingsSupreme Court of Alabama · 1908
- Lewy Art Co. v. AgricolaSupreme Court of Alabama · 1910
3Cited by12 opinions
- J. H. Burton Sons Co. v. MaySupreme Court of Alabama · 1925
- Arrick v. FanningAlabama Court of Appeals · 1950
- Alabama Power Co. v. IrwinSupreme Court of Alabama · 1954
- Byars v. Alabama Power Co.Supreme Court of Alabama · 1937
- Fayet v. St. Louis S. F. R. Co.Supreme Court of Alabama · 1919
7 more not listed; retrieve them via the Exa API.