Seaboard Air Line Ry. Co. v. Pemberton
Supreme Court of Alabama
Appeal from Circuit Court, St. Clair County; O. A. Steele, Judge. Action by A. L. Pemberton against the Seaboard Air Line Railway Company for damages for personal injury. Judgment for plaintiff, and defendant appeals.
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Appeal from Circuit Court, St. Clair County; O. A. Steele, Judge. Action by A. L. Pemberton against the Seaboard Air Line Railway Company for damages for personal injury. Judgment for plaintiff, and defendant appeals. Transferred from) Court of Appeals under Acts 1911, p. 4S0, § 6. Tbe first count of tbe complaint charges that plaintiff was a passenger, and in going to tbe train, to get on it, he stumbled over some steps, leading up to a freight bouse, and was injured; that tbe railroad failed to provide lights on tbe outside of tbe depot for the accommodation of passengers, and as a…
1Opinion of the CourtAnderson, C. J.
[1] Without determining tbe sufficiency of tbe complaint, it is sufficient to say that tbe record discloses no ruling upon tbe demurrers interposed thereto.
[2, 3] Tbe charges embraced in assignments of error 4, 5, and 6 attempted to inject negligence on tbe part of tbe plaintiff, which bad not been pleaded, and are unlike tbe charge held good in tbe case of A. G. S. R. R. Co. v. Bell, 76 South. 920. Moreover, if by tbe use of tbe word “sole” cause it was not intended to invoke tbe doctrine of contributory negligence, but to request a finding for tbe defendant unless its negligence, and not…
2Cases cited2 opinions
- Dancy v. RatliffSupreme Court of Alabama · 1917
- Alabama Great Southern R. Co. v. BellSupreme Court of Alabama · 1917
3Cited by9 opinions
- Arrick v. FanningAlabama Court of Appeals · 1950
- J. C. Byram & Co. v. LivingstonSupreme Court of Alabama · 1932
- Bellingrath v. AndersonSupreme Court of Alabama · 1919
- Yates v. BarnettSupreme Court of Alabama · 1927
- Empire Guano Co. v. EllisAlabama Court of Appeals · 1923
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