B'ham Ry. L. & P. Co. v. Cockrum
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Crowe. Acton by Nannie C. Cockrum against tbe Birmingham Railway, Light & Power Company. From a judgment for plaintiff, defendant appeals. The following are the counts discussed' in the complaint: (2) Wantonly or willfully or intentionally causing a wire to be heavily charged with electricity, with the knowledge that plaintiff would probably be injured thereby, and with reckless disregard of the consequences.
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Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Crowe. Acton by Nannie C. Cockrum against tbe Birmingham Railway, Light & Power Company. From a judgment for plaintiff, defendant appeals. The following are the counts discussed' in the complaint: (2) Wantonly or willfully or intentionally causing a wire to be heavily charged with electricity, with the knowledge that plaintiff would probably be injured thereby, and with reckless disregard of the consequences. (3) “Plaintiff claims of the defendant, a body corporate, doing business as a street railway company in Jefferson county,…
1Opinion of the CourtAnderson, J.
It has been repeatedly held by this court that, notwithstanding negligence may be charged in most general terms, this rule does not relieve the plaintiff from bringing himself within the protection of the negligence charged by averring the facts showing the relationship of the parties and from which the duty springs. — L. & N. R. R. Co. v. Holland, 164 Ala. 73, 51 South. 365, 137 Am. St. Rep. 25; Sloss-Sheffield Co. v. Bibb, 164 Ala. 62, 51 South. 345.
We think, however, that count 3 meets these requirements by showing that the plaintiff was not a trespasser upon the defendant’s property, and…
2Cases cited17 opinions
- Memphis & Charleston Railroad v. MartinSupreme Court of Alabama · 1897
- Smith v. StateSupreme Court of Alabama · 1889
- McGhee v. StateSupreme Court of Alabama · 1912
- Anniston Electric & Gas Co. v. RosenSupreme Court of Alabama · 1909
- Pope v. StateSupreme Court of Alabama · 1910
12 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- Humphrey v. Twin State Gas & Electric Co.Supreme Court of Vermont · 1927
- American Ry. Express Co. v. ReidSupreme Court of Alabama · 1927
- Alabama Power Company v. SmithSupreme Court of Alabama · 1962
- Montgomery Light Water Power Co. v. ThombsSupreme Court of Alabama · 1920
- Boyette v. BradleySupreme Court of Alabama · 1924
43 more not listed; retrieve them via the Exa API.