Louisville & Nashville Railroad v. Godwin
Supreme Court of Alabama
Appeal from Morgan Circuit Court. Action by Minnie M. Godwin against the Louisville & Nashville Railroad Company for injuries sustained by plaintiff while a passenger. From a judgment setting aside a judgment for defendant, it appeals.
Read the full summary
Appeal from Morgan Circuit Court. Action by Minnie M. Godwin against the Louisville & Nashville Railroad Company for injuries sustained by plaintiff while a passenger. From a judgment setting aside a judgment for defendant, it appeals. The charge referred to is as follows: “I charge you that if you are reasonably satisfied from the evidence that plaintiff was a passenger on defendant’s train as averred, and was injured as averred while she was such passenger, then I charge you that such presumption of defendant’s negligence arises.” The charge refused to the plaintiff and the charges given…
1Opinion of the CourtAnderson, J.
— As a general rule where it is shown that an accident occurred upon a railway, from which a passenger sustained an injured, by the breaking down or the overturning of the vehicle, or by a derailment of the train or some of the cars, or by a collision between two cars, or by an unusual jerk or jolt of the train, or by the parting of the train, or by the breaking down of a bridge, or by the falling of some of the appliances within the vehicle, or by obstruction, which the carrier has placed too near the track, striking the side of the train, a prima facie presumption will arise that the…
2Cases cited4 opinions
- Birmingham Ry. Light & Power Co. v. MooreSupreme Court of Alabama · 1906
- Birmingham Union Railway Co. v. HaleSupreme Court of Alabama · 1890
- Southern Railway Co. v. CarterSupreme Court of Alabama · 1909
- Mobile Light & Railroad v. BellSupreme Court of Alabama · 1907
3Cited by3 opinions
- Cannon v. Louisville N. R. Co.Supreme Court of Alabama · 1949
- Eureka Coal Co. v. Louisville N. R. Co.Supreme Court of Alabama · 1929
- Louisville & Nashville R. R. v. GodwinSupreme Court of Alabama · 1914