Legal Opinion

Birmingham Railway, Light & Power Co. v. Glover

Supreme Court of Alabama

Decided November 15, 1904PublishedCited by 5 opinions

Appeal from the Circuit Court of Jefferson. Tried before' the Hon. A. A. Coleman. This Avas an action brought by the appellee against the appellant, Birmingham Railway, Light & Power Company, to recover damages for personal injuries. The complaint contains 5 counts.

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Appeal from the Circuit Court of Jefferson. Tried before' the Hon. A. A. Coleman. This Avas an action brought by the appellee against the appellant, Birmingham Railway, Light & Power Company, to recover damages for personal injuries. The complaint contains 5 counts. The first count of the complaint Avas in words and figures as follows: 1. “Plaintiff claims of the defendant the snm of five thousand dollars, as damages, for that heretofore, to-Avit, on the 23rd day of August, 1902, the defendant was a common carrier of passengers for hire or reward from that part of Birmingham, Jefferson…

1Opinion of the CourtMcCLELLAN, C. J.

It is sufficient in a complaint by a passenger against a. railway company claiming damages for personal injuries to aver that the defendant negligently operated its train and that thereby or in consequence thereof the plaintiff was injured,’ etc., etc The charge of negligence made by the first count is suf ficient.

The 3rd count of the complaint avers that plaintiff was a passenger on defendant’s electric street car, and “had informed the defendant’s servant, the conductor or mo forman of said car, of his purpose and desire to alight from said ear at or near Avenue A and 20th Street; that it…

2Cited by5 opinions

  1. B'ham Ry. L. & P. Co. v. CockrumSupreme Court of Alabama · 1912
  2. Birmingham Railway L. & P. Co. v. MorrisSupreme Court of Alabama · 1909
  3. Alabama Power Co. v. GoochSupreme Court of Alabama · 1930
  4. Birmingham Ry. L. & P. Co. v. DickersonSupreme Court of Alabama · 1908
  5. Travis v. Alabama Great So. R. R.Supreme Court of Alabama · 1917

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