Whaley v. Louisville & Nashville R. R.
Supreme Court of Alabama
Appeal from. Cullman Circuit Court. Heard before Hon. H. W. Speake. Action by Mary E. Whaley against the Louisville & Nashville Railroad Company. From a judgment for defendant, plaintiff appeals. The complaint charges that plaintiff was injured while attempting to alight from defendant’s passenger train at Cullman, by reason of the negligent conduct of said train by defendant’s servants.
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Appeal from. Cullman Circuit Court. Heard before Hon. H. W. Speake. Action by Mary E. Whaley against the Louisville & Nashville Railroad Company. From a judgment for defendant, plaintiff appeals. The complaint charges that plaintiff was injured while attempting to alight from defendant’s passenger train at Cullman, by reason of the negligent conduct of said train by defendant’s servants. The relation of plaintiff to defendant at the time of the injury is declared in the first count as follows: “While said passenger train was standing on the side track at the regular stopping place in Cullman,…
1Opinion of the Court
SOMERVILLE, J. —
The complaint is founded upon the allegation that the palintiff entered the defendant’s car for the purpose of assisting an elderly woman who was embarking as a passenger, and that she was injured while on the car for that purpose. ■ The complaint thus charges a quasi relationship between plaintiff and defendant, which devolved upon defendant the duty of exercising ordinary and reasonable care not to injure plaintiff, including the obligation to allow her a reasonable opportunity to safely alight, if her intention to do so was known to defendant’s trainmen.—Southern Ry. Co. v.…
2Cases cited10 opinions
- Alabama Great Southern Railroad v. McWhorterSupreme Court of Alabama · 1908
- Illinois Central Railroad v. O'KeefeIllinois Supreme Court · 1897
- Lawrence v. Kaul Lumber Co.Supreme Court of Alabama · 1911
- Arkansas & Louisiana Railway Co. v. SainSupreme Court of Arkansas · 1909
- Railway Co. v. LawtonSupreme Court of Arkansas · 1892
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Atlantic Coast Line R. Co. v. WatsonSupreme Court of Alabama · 1926
- Sims v. WarrenSupreme Court of Alabama · 1946
- Sims v. WarrenAlabama Court of Appeals · 1946
- Mobile Ohio R. Co. v. DavisSupreme Court of Alabama · 1931
- Mobile Ohio R. Co. v. DavisSupreme Court of Alabama · 1931
1 more not listed; retrieve them via the Exa API.