McCauley v. Tenn. Coal, Iron & Railroad
Supreme Court of Alabama
Action for Damages against Railroad Company, by Administrator of Person Killed. Aureal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe.
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Action for Damages against Railroad Company, by Administrator of Person Killed. Aureal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This action was brought by James McCauley, as administrator of the estate of Henry McCauley, deceased, to recover damages for the personal injuries which resulted in the death of his intestate; and was commenced on the 27th July, 1889. The complaint contained two counts, the first of which alleged that the intestate, at the time of the accident which caused his death, was a passenger on one of the defendant’s trains ; that the train was…
1Opinion of the CourtColeman, J.
— Railroads are held strictly responsible for all damages sustained bjr passengers travelling upon théir lines, by reason .of fault or negligence on their part; and by statute in many cases when damage results, the presumption of negligence arises. For their own protection railroads are *358permitted to make all reasonable rules and regulations conducive to the safety of passengers. A regulation which forbids passengers to stand upon the platform while the car is in motion, is not only reasonable, but proper, and if a passenger, having knowledge of such regulation, unnecessarily exposes himself,…
2Cases cited2 opinions
- Alabama Great Soiitliern Railroad v. HawkSupreme Court of Alabama · 1882
- Frazer v. South & North Ala. R. R.Supreme Court of Alabama · 1886
3Cited by20 opinions
- Perkins v. GallowaySupreme Court of Alabama · 1915
- Lawrence v. Kaul Lumber Co.Supreme Court of Alabama · 1911
- Swindall v. SpeignerSupreme Court of Alabama · 1968
- Brown v. Standard Casket Mfg. Co.Supreme Court of Alabama · 1937
- Crider v. Yolande Coal & Coke Co.Supreme Court of Alabama · 1921
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