Ala. City, G. & A. Ry. Co. v. Bates
Supreme Court of Alabama
Appeal from Etowah Circuit Court. Heard before Hon. W. W. Haralson. Action by Perryman Bates against the Alabama City, Gadsden & Attalla Railway Company. From a judgment for plaintiff, defendant appeals. Where the evidence is conflicting it is reversible error to fail or refuse to charge on contributory negligence when that issue is raised. — Memphis Bt. Ry. Go. v. Newman, 69 S. W. 269; Davidson v. Metropolitan Bt. Ry., 75 N. Y. App.
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Appeal from Etowah Circuit Court. Heard before Hon. W. W. Haralson. Action by Perryman Bates against the Alabama City, Gadsden & Attalla Railway Company. From a judgment for plaintiff, defendant appeals. Where the evidence is conflicting it is reversible error to fail or refuse to charge on contributory negligence when that issue is raised. — Memphis Bt. Ry. Go. v. Newman, 69 S. W. 269; Davidson v. Metropolitan Bt. Ry., 75 N. Y. App. Div. 426. The court erred in its definition of what is a passenger. — N.. Bir. Ry. Go-, v. Liddiooat, 99 Ala. 549; O’Hara v. Bt. Louis Transit Go., 76 S. W.…
1Opinion of the Court
TYSON, C. J. —
This case was tried upon the fourth count of the complaint, which was added by amendment. The plaintiff’s injuries are alleged to have occurred while he was in the act of boarding one of defendant’s cars as a passenger, while the car was stationary at a regular stopping place for the reception of pas*489sengers, and to have been caused by the negligent act of defendant in putting the car in motion when he. was in a position that lendered it perilous to do so, thereby causing him to be violently thrown down, etc. The defendant’s pleas were the general issue and contributory…
2Cases cited8 opinions
- Central of Georgia Railway Co. v. FosheeSupreme Court of Alabama · 1899
- Webster v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1894
- Illinois Central Railroad v. O'KeefeIllinois Supreme Court · 1897
- North Birmingham Railway Co. v. LiddicoatSupreme Court of Alabama · 1892
- Louisville & Nashville Railroad v. ThorntonSupreme Court of Alabama · 1897
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Nashville, Chattanooga & St. Louis Railway v. CrosbySupreme Court of Alabama · 1915
- Birmingham Electric Co. v. ClevelandSupreme Court of Alabama · 1927
- Atlantic Coast Line Railroad Co. v. WebbSupreme Court of Florida · 1933
- Central of Georgia Railway Co. v. BellSupreme Court of Alabama · 1914
- L. & N. R. R. v. GlascowSupreme Court of Alabama · 1912
4 more not listed; retrieve them via the Exa API.