Legal Opinion

Wood v. Richmond & Danville Railroad

Supreme Court of Alabama

Decided November 15, 1892PublishedCited by 6 opinions

Appeal from the Circuit Court of Jefferson. Tried before the Hon. James B. Head. This was an action brought by W. H. Wood against the R. & D. R. R. Co to recover damages for personal injuries alleged to have been suffered by reason of the defendant’s negligence. There was judgment for the defendant, and plaintiff appeals. There was no substantial conflict in the evidence in this cause, and the facts are sufficiently shown in the opinion.

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Appeal from the Circuit Court of Jefferson. Tried before the Hon. James B. Head. This was an action brought by W. H. Wood against the R. & D. R. R. Co to recover damages for personal injuries alleged to have been suffered by reason of the defendant’s negligence. There was judgment for the defendant, and plaintiff appeals. There was no substantial conflict in the evidence in this cause, and the facts are sufficiently shown in the opinion. Upon the hearing of all the evidence, the court, at the request of the defendant, gave the following written charge: “If the jury believe the evidence they…

1Opinion of the CourtColeman, J.

The plaintiff, Wood, sued to recover damages for personal injuries. . There is no substantial conflict in the evidence, and we are of opinion that the defendant was guilty of negligence as averred in the complaint. The main question is as tó whether the plaintiff was guilty of contributory negligence. The facts show that about 6 o’clock p. m., October 4, 1890, plaintiff arrived at Pell City to take passage on defendant’s road for Birmingham; that he purchased a first-class ticket; that the train was delayed until about 1 o’clock A. m. ; that the route from the station house to the train was…

2Cases cited2 opinions

  1. Louisville & Nashville Railroad v. HallSupreme Court of Alabama · 1888
  2. Alabama Great Southern R. R. v. ArnoldSupreme Court of Alabama · 1887

3Cited by6 opinions

  1. City of Birmingham v. EdwardsSupreme Court of Alabama · 1918
  2. Dorough v. Alabama Power Co.Supreme Court of Alabama · 1917
  3. Atkinson v. DeanSupreme Court of Alabama · 1916
  4. Kilby Frog & Switch Co. v. JacksonSupreme Court of Alabama · 1912
  5. Roberts v. Tennessee Coal, Iron & R.Court of Appeals for the Fifth Circuit · 1918

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