Birmingham Union Street Railway Co. v. Ralph
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried before the Hon. James B. Head. This action was brought by the appellee, Sarah E. Ralph, against the appellant railway company; and sought to recover damages for personal injuries, alleged to have been caused by the negligence of the defendant.
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Appeal from the Circuit Court of Jefferson. Tried before the Hon. James B. Head. This action was brought by the appellee, Sarah E. Ralph, against the appellant railway company; and sought to recover damages for personal injuries, alleged to have been caused by the negligence of the defendant. The complaint contains but one count; and after alleging that the defendant, on the day of the accident, was operating a street car line in the city of Birmingham, and that plaintiff was a passenger on one of its cars, it alleged that plaintiff was injured by the derailment of the car in which she was…
1Opinion of the CourtColeman, J.
The plaintiff demanded a struck jury, and, in accordance with the statute, a list of twenty-four jurors in attendance upon the court was furnished, from which a jury of twelve was obtained, by the attorneys striking one from the list until twelve were stricken off, and the jury then selected was called, to the jury box, when one of the jurors stated to the court, he was too unwell to sit as a juror; and against the objection of the defendant, the sick juror was excused, reducing the number of jurors to eleven. Thereupon, the court ordered the sheriff to call one of the jurors who had been…
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