Birmingham, E. & B.R. Co. v. Feast, 934

CourtSupreme Court of Alabama
Writing for the CourtPER CURIAM.
Citation68 So. 294,192 Ala. 410
Decision Date22 April 1915
Docket Number934
PartiesBIRMINGHAM, E. & B.R. CO. v. FEAST.

68 So. 294

192 Ala. 410

BIRMINGHAM, E. & B.R. CO.
v.
FEAST.

No. 934

Supreme Court of Alabama

April 22, 1915


Appeal from Circuit Court, Jefferson County; C.B. Smith, Judge.

Action by Joseph A. Feast, pro. ami, against Birmingham, Ensley & Bessemer Railroad Company, for damages suffered at a crossing. Judgment for plaintiff, and defendant appeals. Affirmed.

Count 3 avers, in effect, the defendant was operating an interurban railway in Jefferson county, which ran along the public street known as Fifth avenue in the city of Birmingham, and that plaintiff was lawfully, rightfully, and properly attempting to cross the said public street at a public street crossing, namely, Twentieth street, and that defendant's servants or agents were then and there engaged in and about the business of operating a street car over and along the said street, and above and upon said crossing, and the said servants or agents in charge or control of said car negligently permitted the same to run over, upon, or against plaintiff while he was upon said public street at said public crossing as aforesaid, thereby inflicting the following injuries (which are set out), and plaintiff avers that his said wounds and injuries were the proximate consequence and caused by reason of the negligence of such servants or agents. The demurrers were that the road was not on grade with the street; not averred or shown that plaintiff's injuries resulted proximately from the negligence complained of; no causal connection was shown between the injury and the way in which the car was alleged to have been operated; and some others relative to the charges of wantonness.

The following is the oral charge of the court which is excepted to:

The motorman is also required to operate his car under such speed and with such control that, if persons or property be upon or dangerously near the track of a street railway, the car may be, with skillful application of stopping appliances stopped and injury thereby averted. It is the duty which the motorman of defendant company in operation of the car at this place and at that time owed the people who were using this street

The second assignment of error is as follows (to the oral charge):

*** But in regard to a child of tender years, that is, under seven years old, he has no right to assume that a child of such tender age, who is seen on or in such dangerous proximity, the law requires him at once to put his car under such
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6 practice notes
  • Atlantic Coast Line R. Co. v. Kelly, 4 Div. 446
    • United States
    • Alabama Court of Appeals
    • January 22, 1918
    ...Seaboard Air Line R.R. Co. v. Emfinger, 77 So. 415; B.R., L. & P. Co. v. Fox, 174 Ala. 657, 56 So. 1013; B. & B.R.R. Co. v. Feast, 192 Ala. 410, 68 So. 294; Montgomery Street Ry. Co. v. Shank, 139 Ala. 489, 37 So. 166; B.R., L. & P. Co. v. Clark, 148 Ala. 673, 41 So. 829; Southe......
  • Louis Pizitz Dry Goods Co. v. Cusimano, 6 Div. 146.
    • United States
    • Supreme Court of Alabama
    • October 27, 1921
    ...The demurrers were properly overruled. B'ham. R. L. & P. Co. v. Fox, 174 Ala. 657, 56 So. 1013; B'ham. E. & B. R. R. Co. v. Feast, 192 Ala. 410, 68 So. 294. That part of count 3 objected to by demurrer of defendant reads: "Defendant's servant, or agent, whose name is to the pla......
  • Hines v. Schrimscher, 6 Div. 291
    • United States
    • Alabama Supreme Court
    • April 21, 1921
    ...on the track. Code, § 5473; Harris v. N.C. & St. L., 153 Ala. 139, 44 So. 962, 14 L.R.A. (N.S.) 261; B.E. & B.R.R. Co. v. Feast, 192 Ala. 410, 68 So. 294; Bates v. L. & N., 184 Ala. 655, 64 So. 298. Such was not the question propounded to the witness. There being prejudicial err......
  • Alabama Power Co. v. Holmes, 8 Div. 539
    • United States
    • Alabama Court of Appeals
    • February 5, 1918
    ...owed her the duty not to negligently injure her. B.R., L. & P. Co. v. Fox, 174 Ala. 657, 56 So. 1013; B., E. & B.R. Co. v. Feast, 192 Ala. 410, 68 So. 294; Montgomery Street Ry. Co. v. Shanks, 139 Ala. 489, 37 So. 166; B.R., L. & P. Co. v. Clark, 148 Ala. 673, 41 So. 829; Sou. R......
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6 cases
  • Atlantic Coast Line R. Co. v. Kelly, 4 Div. 446
    • United States
    • Alabama Court of Appeals
    • January 22, 1918
    ...Seaboard Air Line R.R. Co. v. Emfinger, 77 So. 415; B.R., L. & P. Co. v. Fox, 174 Ala. 657, 56 So. 1013; B. & B.R.R. Co. v. Feast, 192 Ala. 410, 68 So. 294; Montgomery Street Ry. Co. v. Shank, 139 Ala. 489, 37 So. 166; B.R., L. & P. Co. v. Clark, 148 Ala. 673, 41 So. 829; Southe......
  • Louis Pizitz Dry Goods Co. v. Cusimano, 6 Div. 146.
    • United States
    • Supreme Court of Alabama
    • October 27, 1921
    ...The demurrers were properly overruled. B'ham. R. L. & P. Co. v. Fox, 174 Ala. 657, 56 So. 1013; B'ham. E. & B. R. R. Co. v. Feast, 192 Ala. 410, 68 So. 294. That part of count 3 objected to by demurrer of defendant reads: "Defendant's servant, or agent, whose name is to the pla......
  • Hines v. Schrimscher, 6 Div. 291
    • United States
    • Alabama Supreme Court
    • April 21, 1921
    ...on the track. Code, § 5473; Harris v. N.C. & St. L., 153 Ala. 139, 44 So. 962, 14 L.R.A. (N.S.) 261; B.E. & B.R.R. Co. v. Feast, 192 Ala. 410, 68 So. 294; Bates v. L. & N., 184 Ala. 655, 64 So. 298. Such was not the question propounded to the witness. There being prejudicial err......
  • Alabama Power Co. v. Holmes, 8 Div. 539
    • United States
    • Alabama Court of Appeals
    • February 5, 1918
    ...owed her the duty not to negligently injure her. B.R., L. & P. Co. v. Fox, 174 Ala. 657, 56 So. 1013; B., E. & B.R. Co. v. Feast, 192 Ala. 410, 68 So. 294; Montgomery Street Ry. Co. v. Shanks, 139 Ala. 489, 37 So. 166; B.R., L. & P. Co. v. Clark, 148 Ala. 673, 41 So. 829; Sou. R......
  • Request a trial to view additional results

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