Legal Opinion

Southern Railway Co. v. Hayes

Supreme Court of Alabama

Decided May 13, 1915PublishedCited by 4 opinions

Appeal from Morgan Circuit Court. Heard before Hou. D. W. Speaks. Action by Mrs. E. M. Hayes against the Southern Railway Company. Judgment for plaintiff, and defendant appeals. Transferred from Court of Appeals under section 6, p. 449, Acts 1911. The pleadings and the facts sufficiently appear from the opinion.

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Appeal from Morgan Circuit Court. Heard before Hou. D. W. Speaks. Action by Mrs. E. M. Hayes against the Southern Railway Company. Judgment for plaintiff, and defendant appeals. Transferred from Court of Appeals under section 6, p. 449, Acts 1911. The pleadings and the facts sufficiently appear from the opinion. The following charges constitute the assignments of error as noted and numbered respectively in the opinion: (26) “I charge you that necessity alone could warrant plaintiff at the time in question in assuming a position upon the platform of defendant’s train, provided you find from…

1Opinion of the Court

GARDNER, J. —

Suit by appellee against the appellant for the recovery of damages alleged to have been suffered while a passenger on appellant’s railway, en route from Washington, D. C., to Decatur, Ala., appellee’s home. The case went to the jury on counts 1 and 2, the plea of the general issue, and a number of special pleas of contributory negligence.

Count 1 seeks the recovery for negligence in defendnat’s failing to provide plaintiff with a seat, as a result of which she was compelled to stand upon the plat*200form, and by a lurch of the train was thrown to the floor, resulting in injury.

(1, 2)…

2Cases cited16 opinions

  1. Ala. Great Southern R. R. v. HillSupreme Court of Alabama · 1890
  2. Butler v. Manhattan Railway Co.New York Court of Appeals · 1894
  3. Mobile & Montgomery Rail Road v. AshcraftSupreme Court of Alabama · 1872
  4. Cleveland, Etc., Railway Co. v. MoneyhunIndiana Supreme Court · 1896
  5. Indianapolis Street Railway Co. v. TaylorIndiana Supreme Court · 1905

11 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. McGuff v. StateSupreme Court of Alabama · 1946
  2. White Swan Laundry Co. v. WehrhanSupreme Court of Alabama · 1918
  3. Wall v. LittleSupreme Court of Florida · 1931
  4. Franklin v. Southern Railway Co.Supreme Court of Alabama · 1916

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