Calderwood v. North Birmingham Street Railway Co.
Supreme Court of Alabama
Appeal from.tbe City Court of Birmingham. Tried before tbe Hon. H. A. Shabpe. As stated in tbe report of tbe decision of this case on a former appeal, “tbis action was brought by Mrs. Martha M. Calderwood, against tbe appellant [the ' appellee nowj, a domestic corporation, to recover damages for personal injuries sustained by plaintiff in attempting to alight from one of tbe defendant’s cars, at the intersection of Eirst Avenue and Twentieth street in tbe city of…
Read the full summary
Appeal from.tbe City Court of Birmingham. Tried before tbe Hon. H. A. Shabpe. As stated in tbe report of tbe decision of this case on a former appeal, “tbis action was brought by Mrs. Martha M. Calderwood, against tbe appellant [the ' appellee nowj, a domestic corporation, to recover damages for personal injuries sustained by plaintiff in attempting to alight from one of tbe defendant’s cars, at the intersection of Eirst Avenue and Twentieth street in tbe city of Birmingham.” — 89 Ala. 247. On the last trial, as shown by the bill of exceptions in tbe present record, the plaintiff testified:…
1Opinion of the Court
STONE, 0. J.
Pending the trial, and after all the testimony was in, plaintiff was permitted to add a new count to her complaint, against the objection of defendant. To the new count thus adrted defendant pleaded the statute of limitations. The record does not show what issue, if any, was taken on this plea, and no ruling upon it is presented for revision by us. We will therefore give it no consideration, further than to remark there was probably no merit in the plea of the statute of limitations. — Crim v. Crawford, 29 Ala. 626; Mohr v. Lemle, 69 Ala. 180. We decide nothing, however, in…
2Cases cited3 opinions
- Crimm's Adm'rs v. CrawfordSupreme Court of Alabama · 1857
- North Birmingham Street Railway Co. v. CalderwoodSupreme Court of Alabama · 1889
- Mohr v. LemleSupreme Court of Alabama · 1881
3Cited by1 opinion
- Allen v. Durham Traction Co.Supreme Court of North Carolina · 1907