Elyton Land Co. v. Mingea
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This action was brought by Samuel M. Mingea against the appellant corporation, as the owner of a street railway in the city of Birmingham, to recover damages for personal injuries sustained by plaintiff by being thrown from a horse-cart, or carriage, in which he was being driven to a fire in discharge of his duties as a fireman of the city.
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Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This action was brought by Samuel M. Mingea against the appellant corporation, as the owner of a street railway in the city of Birmingham, to recover damages for personal injuries sustained by plaintiff by being thrown from a horse-cart, or carriage, in which he was being driven to a fire in discharge of his duties as a fireman of the city. The accident occurred in April, 1887, and the action was .commenced within three months afterwards, but at what time the record does not show, nor is the summons copied into the…
1Opinion of the CourtSomebyille, J.
The plaintiff, as an employee of the fire department of Birmingham, while riding on a hose-cart, or reel, in the regular pursuit of his duties as a fireman, was *526injured badly by tbe capsizing of tbe vehicle, as it turned suddenly from 22d street into Avenue A, which intersected the street at right angles. The horses of the cart were driven by one Mullins, also a fireman, and were under his exclusive control. The alleged cause of the accident was the impinging or concussion of the cart wheels on the iron rails of the defendant’s dummy line railway, which projected above the surface of the…
2Cases cited10 opinions
- Little v. HackettSupreme Court of the United States · 1886
- City Council of Montgomery v. WrightSupreme Court of Alabama · 1882
- Wabash, St. Louis & Pacific Railway Co. v. ShackletIllinois Supreme Court · 1883
- Cuddy v. HornMichigan Supreme Court · 1881
- Nesbit v. Town of GarnerSupreme Court of Iowa · 1888
5 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- City of Columbus v. AnglinSupreme Court of Georgia · 1904
- Shultz v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1907
- Birmingham Southern R. Co. v. HarrisonSupreme Court of Alabama · 1919
- MacKintosh Co. v. WellsSupreme Court of Alabama · 1928
- Alabama Consolidated Coal & Iron Co. v. HealdSupreme Court of Alabama · 1908
28 more not listed; retrieve them via the Exa API.