Birmingham Railway Light & Power Co. v. Wright
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. Cl W. Ferguson. Action by E. A. Wiright ..against the Birmingham Bailway, Light & Power Company. From a judgment for plaintiff, defendant appeals.
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Appeal from Birmingham City Court. Heard before Hon. Cl W. Ferguson. Action by E. A. Wiright ..against the Birmingham Bailway, Light & Power Company. From a judgment for plaintiff, defendant appeals. The complaint is in the following language: "(1) Plaintiff claims of the defendant the sum of $2,500 as damages, for that defendant, on, towit, the 12th day of October, 1903, was engaged in operating a street railroad in the city of Birmingham, Jefferson county, Ala.; that at said time plaintiff became a passenger on one of defendant’s cars running along First avenue to Twenty-Third ¡street,…
1Opinion of the CourtMcCLELLAN, J.
— The practice of charging negligence, in cases of this character, in very general terms, has been too long sanctioned and approved by this court to now admit of consideration with a view to a change. It is settled. The complaint contains three counts, and their common averments state a relation of carrier and passenger just before and at the time of the injury complained of. With the exception of the second count, to which we will refer, simple negligence only is charged; and under the practice above restated we. must hold the first and third counts to state causes of action in case, and not…
2Cases cited7 opinions
- City Delivery Co. v. HenrySupreme Court of Alabama · 1903
- Mobile & Ohio Railroad v. GeorgeSupreme Court of Alabama · 1891
- Louisville & Nashville Railroad v. OrrSupreme Court of Alabama · 1890
- Hunter v. L. & N. R. R.Supreme Court of Alabama · 1907
- James v. Richmond & Danville RailroadSupreme Court of Alabama · 1890
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Louisville & Nashville R. R. v. AbernathySupreme Court of Alabama · 1916
- Birmingham Electric Co. v. ClevelandSupreme Court of Alabama · 1927
- Armour & Co. v. CartledgeSupreme Court of Alabama · 1937
- Clark v. Container Corp. of America, Inc.Supreme Court of Alabama · 1991
- Alabama Great Southern Railroad Co. v. GambrellSupreme Court of Alabama · 1955
9 more not listed; retrieve them via the Exa API.