Birmingham Railway Light & P. Co. v. Haggard
Supreme Court of Alabama
Damages for Injury to Passenger. Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Personal injury action by M. V. Haggard against tbe Birmingham Railway, Light & Power Company. From a judgment for plaintiff, defendant appeals.
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Damages for Injury to Passenger. Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Personal injury action by M. V. Haggard against tbe Birmingham Railway, Light & Power Company. From a judgment for plaintiff, defendant appeals. Count 1 was in the following- language: “Plaintiff claims of the defendant, a body corporate operating an electric street railway in Jefferson county, state of Alabama, $10,000 as damages, for that on, to wit, December 19, 1903, plaintiff, while a passenger upon the aforesaid railway, was injured at Fitts Street station, East La,he, county of…
1Opinion of the CourtMcCLELLAN, J.
There are two counts in the complaint, which seeks the recovery of damages for injuries to a passenger. The first charges simple negligence, and the second willful or wanton misconduct, on the part of the servants or employes of the defendant in control of the street car on which plaintiff was a passenger. The demurrer to the amended first count was properly overruled. That count, though general in its averments of negligence, conforms to all requirements under our rule permitting, in such cases, a terse and nonspecific allegation of the negligence relied on for a recovery.
*346Count 2, added by…
2Cases cited5 opinions
- Southern Railway Co. v. WeatherlowSupreme Court of Alabama · 1907
- McDonald v. Montgomery Street RailwaySupreme Court of Alabama · 1895
- Birmingham Railway Light & Power Co. v. WrightSupreme Court of Alabama · 1907
- Mobile, Jackson & Kansas City R. R. v. SmithSupreme Court of Alabama · 1907
- McGhee v. CashinSupreme Court of Alabama · 1900
3Cited by10 opinions
- Birmingham Railway, Light & Power Co. v. GonzalezSupreme Court of Alabama · 1913
- Birmingham Railway Light & Power Co. v. WeathersSupreme Court of Alabama · 1909
- Birmingham Railway, Light & Power Co. v. BushSupreme Court of Alabama · 1911
- Western Ry. v. FosheeSupreme Court of Alabama · 1913
- Alabama Consolidated Coal & Iron Co. v. CowdenSupreme Court of Alabama · 1911
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