Briggs v. Birmingham Railway, Light & Power Co.
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. William M. Walker. Irene Briggs, as administratrix of the estate of H. W. Briggs, deceased, brings her action against the Birmingham Railway, Light & Power Company, for damages for the death of her intestate, caused by a high electric current. Judgment for defendant and plaintiff appeals. Electricity is highly dangerous, and care in the use thereof must be commensurate. — B. R. L. & P. (Jo. v-. Murphy, 56 South. 817; So.
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Appeal from Birmingham City Court. Heard before Hon. William M. Walker. Irene Briggs, as administratrix of the estate of H. W. Briggs, deceased, brings her action against the Birmingham Railway, Light & Power Company, for damages for the death of her intestate, caused by a high electric current. Judgment for defendant and plaintiff appeals. Electricity is highly dangerous, and care in the use thereof must be commensurate. — B. R. L. & P. (Jo. v-. Murphy, 56 South. 817; So. B. T. & T. (Jo. v. MoTyer, 137 Ala. 612. The duty to exercise a high degree of care exists in favor of all persons likely…
1Opinion of the CourtMcCLELLAN, J.
Appellant’s intestate, Herbert W. Briggs, was killed January 20, 1911, by electricity, under circumstances to be stated. The action is for damages for his wrongful death.
Intestate was, when killed in the employment and service of the Southern Bitulithic Company, which was then engaged in performing its contract with the city of Birmingham to pave the intersection of Twenty-first street and Avenue Gr, public throughfares in that city. Intestate’s duty, which he was performing when stricken, was as engineer of a concrete mixer. This machine was so constructed as to allow its movement in or over…
2Cases cited16 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Ehrgott v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Van Hook v. City of SelmaSupreme Court of Alabama · 1881
- Western Railway of Alabama v. MutchSupreme Court of Alabama · 1892
- Atlantic & Pacific Telegraph Co. v. PhiladelphiaSupreme Court of the United States · 1903
11 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Sullivan v. Alabama Power Co.Supreme Court of Alabama · 1944
- Beloit Corp. v. HarrellSupreme Court of Alabama · 1976
- Morgan Hill Paving Co. v. FonvilleSupreme Court of Alabama · 1928
- Alabama Power Company v. GuySupreme Court of Alabama · 1967
- Standard Chemical & Oil Co. v. City of TroySupreme Court of Alabama · 1917
31 more not listed; retrieve them via the Exa API.