Birmingham Railway, Light & Power Co. v. Elmit
Alabama Court of Appeals
Appeal from Jefferson Circuit Court. Heard before Hon. A. H. Alston. Action by Mildred Elmit, pro ami, against the Birmingham Railway Light & Power Company, for damages, for being carried beyond her destination. Judgment for plaintiff and defendant appeals.
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Appeal from Jefferson Circuit Court. Heard before Hon. A. H. Alston. Action by Mildred Elmit, pro ami, against the Birmingham Railway Light & Power Company, for damages, for being carried beyond her destination. Judgment for plaintiff and defendant appeals. For a summary of the pleadings not set out in the opinion, see the companion case of Birmingham Railway, Light & Poioer Company v. Hoioard Elmit, infra, 60 South. 982. The court erred in overruling demurrers to the 1st and 2nd counts.- — T. C. I. & R. R. Co. v. Smith, 55 South. 620. The 3rd count was very susceptible to the demurrer. — B.…
1Opinion of the CourtWalker, P. J.
The second count of the complaint, after averring that the defendant was a common carrier of passengers for hire or reward, by means of cars operated by electricity, which said cars, among other places, ran on a street in the city of Birmingham, Ala, known as Twentieth street; that on the 24th day of December, 1909, the plaintiff became a passenger on one of the cars of the defendant, and that her destination was the Louisville & Nashville station on said line of the defendant; attributed an alleged injury to the plaintiff to the wrongful and negligent failure of the conductor in charge of…
2Cases cited3 opinions
- Tennessee Coal, Iron & R. R. v. SmithSupreme Court of Alabama · 1911
- Birmingham Railway, Light & Power Co. v. AndersonAlabama Court of Appeals · 1911
- Birmingham Railway, Light & Power Co. v. McDanielAlabama Court of Appeals · 1912
3Cited by3 opinions
- Birmingham Railway, Light & Power Co. v. ElmitAlabama Court of Appeals · 1912
- Birmingham E. & B. R. R. v. WilsonAlabama Court of Appeals · 1915
- Birmingham Railway, Light & Power Co. v. WilliamsAlabama Court of Appeals · 1914