Montgomery & Eufaula Railroad v. Stewart
Supreme Court of Alabama
Appeal from the Circuit.Court of Montgomery. Tried before the Hon. John.P. Hubbard. This action was brought by James R. Stewart, against the-appellant corporation, to recover damages for personal injuries sustained by him while attempting to get on board of a train of cars at Perry’s Mills, a station on defendant’s road, about twelve or fifteen miles below Montgomery.
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Appeal from the Circuit.Court of Montgomery. Tried before the Hon. John.P. Hubbard. This action was brought by James R. Stewart, against the-appellant corporation, to recover damages for personal injuries sustained by him while attempting to get on board of a train of cars at Perry’s Mills, a station on defendant’s road, about twelve or fifteen miles below Montgomery. According to the plaintiff’s testimony, when the train approached the station, the customary signal was given for it to stop, and the signal was answered as usual; but the train, instead of stopping, only checked its speed to…
1Opinion of the CourtMcCLELLAN, J.
It is not controverted that the train which caused the injury complained of should have been, and was not, brought to a full stop at Perry’s Mill, on the occasion in question. Its speed was reduced to a rate not in excess of two miles an hour, in recognition of a signal to stop; and it proceeded past the station at that rate, giving no indications of coming to a stand-still, but, on the contrary, it seemed that the employés had no intention of stopping, or affording persons intending to take passage any further opportunity to do so, than was incident to the slow rate to which the speed of the…
2Cases cited16 opinions
- Solomon v. Manhattan Railway Co.New York Court of Appeals · 1886
- Straus v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1881
- Cincinnati, Hamilton & Indianapolis Railroad v. CarperIndiana Supreme Court · 1887
- Williams v. StateSupreme Court of Alabama · 1887
- Frazer v. South & North Ala. R. R.Supreme Court of Alabama · 1886
11 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Ga. Pacific Railway Co. v. LeeSupreme Court of Alabama · 1890
- Louisville & Nashville Railroad v. MarkeeSupreme Court of Alabama · 1893
- Ala. Great Southern R. R. v. HillSupreme Court of Alabama · 1890
- Ala. Great Southern Railroad v. FrazierSupreme Court of Alabama · 1890
- Choctaw, O. G. R. Co. v. BurgessSupreme Court of Oklahoma · 1908
24 more not listed; retrieve them via the Exa API.