Selma Street & Suburban Railway Co. v. Owen
Supreme Court of Alabama
Appeal from Selma City Court. Tried before Hon. J. W. Mabry. This was an action brought by' Mrs. A. M. Owen against the Selma Street & Suburban Railway Company, a corporation, and sought to recover $10,000 damages for personal injuries. The complaint contained three counts, the substance of which is sufficiently shown in the opinion.
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Appeal from Selma City Court. Tried before Hon. J. W. Mabry. This was an action brought by' Mrs. A. M. Owen against the Selma Street & Suburban Railway Company, a corporation, and sought to recover $10,000 damages for personal injuries. The complaint contained three counts, the substance of which is sufficiently shown in the opinion. The first demurrer filed to the complaint by the defendant was based upon the ground that it did not appear from the complaint that the plaintiff before jumping from the car, informed the driver that she wished to. alight from the moving car; and that it does not…
1Opinion of the CourtMcCLELLAN, C. J.
— The complaint is not subject to the objections taken by the demurrer filed June 6th, 1900. The plaintiff was under no duty before jumping from a street car about to be run over by a locomotive to inform the driver that she wished to alight. And the complaint makes no claim.on account of the driver having caused the mule to quicken its pace, the averment in that regard being descriptive' of the occurrence; and it is immaterial whether the driver when he caused the mule to quicken its pace knew that plaintiff was about to jump from the moving car.
The first count of the complaint presents a…
2Cases cited3 opinions
- Central of Georgia Railway Co. v. FosheeSupreme Court of Alabama · 1899
- Alabama Great Southern R. R. v. ArnoldSupreme Court of Alabama · 1887
- Barnes v. Common Council of Alexander CitySupreme Court of Alabama · 1889
3Cited by9 opinions
- Cooper v. Town of Valley HeadSupreme Court of Alabama · 1924
- Home Telephone Co. v. FieldsSupreme Court of Alabama · 1907
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. MacyIndiana Court of Appeals · 1915
- Kelly v. StateSupreme Court of Alabama · 1909
- Clark v. FarmerSupreme Court of Alabama · 1935
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