Legal Opinion

Central of Georgia Ry. Co. v. Mathis

Alabama Court of Appeals

Decided December 18, 1913PublishedCited by 2 opinions

Appear from.Geneva Circuit Court. Heard before Hon. H. A. Pearce. Action by Ella Mathis against the Central of Georgia Railway Company. From a judgment for plaintiff, defendant appeals.

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Appear from.Geneva Circuit Court. Heard before Hon. H. A. Pearce. Action by Ella Mathis against the Central of Georgia Railway Company. From a judgment for plaintiff, defendant appeals. Count 1 of the complaint is. as follows: After stating that defendant was common carrier of passengers for hire between certain points in the state, and that plaintiff, on a certain day, purchased and paid for a ticket for transportation between said points, and took passage for said point, it is averred that, “the defendant’s servant or servants operating and controlling said train put said train in motion…

1Opinion of the Court

THOMAS, J. —

The appellee, who was a passenger on ■one of defendant’s (appellant’s) trains, brings this action for injuries received while attempting to alight from the train upon its reaching her destination, and as a result of the train’s having been set in motion for leaving the station before she landed safely on the ground.

The law is well settled that defendant, who operated an ordinary railroad, was under duty to plaintiff as a passenger to stop its train a sufficient length of time at the station to allow plaintiff a reasonable opportunity to alight therefrom with safety, and is liable…

2Cases cited16 opinions

  1. Memphis & Charleston Railroad v. MartinSupreme Court of Alabama · 1897
  2. Peters v. Southern Railway Co.Supreme Court of Alabama · 1902
  3. Anniston Electric & Gas Co. v. RosenSupreme Court of Alabama · 1909
  4. Southern Railway Co. v. WeatherlowSupreme Court of Alabama · 1907
  5. Southern Railway Co. v. BuntSupreme Court of Alabama · 1901

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

3Cited by2 opinions

  1. East Pratt Coal Co. v. JonesAlabama Court of Appeals · 1917
  2. Central of Georgia Ry. Co. v. CampbellAlabama Court of Appeals · 1914

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