Central of Georgia Railway Co. v. Martin
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. W. W. Wilkerson. This was an action brought by the appellee, Joseph G. Martin, against the Central of Georgia Railway, to recover damages for personal injuries, alleged to have been sustained by the plaintiff on account of the negligence of the defendant. The complaint, as amended, contained four counts.
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Appeal from the City Court of Birmingham. Tried before the Hon. W. W. Wilkerson. This was an action brought by the appellee, Joseph G. Martin, against the Central of Georgia Railway, to recover damages for personal injuries, alleged to have been sustained by the plaintiff on account of the negligence of the defendant. The complaint, as amended, contained four counts. The court gave the general affirmative charge for the defendant as to counts numbered 2 and 3, and the cause was tried upon issue made upon the pleadings as to counts numbered 1 and 4. These counts are as follows: “1. The…
1Opinion of the CourtMcCLELLAN, C. J.
Each count of the complaint shows that the Southern Railway Company and the Central of Georgia Railway Company were using, and operating their respective trains on, the line of track upon which the collision occurred in common. This fact, in and of itself, imposed a duty of watchfulness and care upon each of said companies toward the other in the conservation of the safety of the trains and employes of the other, and liability upon each for failing to discharge this duty whereby injuries- should be inflicted upon the property of the other or upon the persons of the other’s employes. The…
2Cases cited12 opinions
- Alabama Great Soiitliern Railroad v. HawkSupreme Court of Alabama · 1882
- Louisville & Nashville Railroad v. MarkeeSupreme Court of Alabama · 1893
- Louisville & Nashville Railroad v. HallSupreme Court of Alabama · 1888
- Green v. StateSupreme Court of Alabama · 1892
- Hamilton v. Minneapolis Desk Manufacturing Co.Supreme Court of Minnesota · 1899
7 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Birmingham Ry. Light & Power Co. v. MooreSupreme Court of Alabama · 1906
- Louisville & Nashville R. R. v. HollandSupreme Court of Alabama · 1909
- West Pratt Coal Co. v. AndrewsSupreme Court of Alabama · 1901
- Jones v. WhiteSupreme Court of Alabama · 1914
- Alabama Great Southern Railroad Co. v. JohnstonSupreme Court of Alabama · 1967
6 more not listed; retrieve them via the Exa API.