Travis v. Alabama Great So. R. R.
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Action by W. B. Travis against the Alabama Great Southern Railroad Company for damages for injury while an alleged passenger. Judgment for defendant, and plaintiff appeals.
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Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Action by W. B. Travis against the Alabama Great Southern Railroad Company for damages for injury while an alleged passenger. Judgment for defendant, and plaintiff appeals. The first count alleged that: Plaintiff became and was ¿ passenger on one of the trains operated by defendant, and as he was in the act of boarding the same at York, in Sumter county, Ala., he was injured as follows: (Here follows catalogue of injuries.) Plaintiff further avers that his said injuries and damages as aforesaid were proximately caused by the…
1Opinion of the CourtAnderson, C. J.
— The complaint consisted of two counts, but the general charge was given as to count 2, and as to which the appellant does not complaint. Therefore we are concerned only with the points made by the appellant against the rulings of the trial court, in so far as they may relate to count 1, a simple negligence count.(1) It is doubtful if any negligence was shown on the part of this defendant, but we may concede that there was, merely for the purpose of deciding this case, yet said negligence, if any there was, did not proximately cause the plaintiff’s injury, as the undisputed evidence shows…
2Cases cited6 opinions
- Hunter v. L. & N. R. R.Supreme Court of Alabama · 1907
- Hunter v. Cooperstown & Susquehanna Valley RailroadNew York Court of Appeals · 1891
- Louisville & Nashville Railroad v. JohnsonSupreme Court of Alabama · 1900
- Chambers v. LindseySupreme Court of Alabama · 1911
- Birmingham Railway, Light & Power Co. v. GloverSupreme Court of Alabama · 1904
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Cunningham Hardware Co. v. Louisville N. R. Co.Supreme Court of Alabama · 1923
- Kelton v. BakerAlabama Court of Appeals · 1951