Burgin v. Louisville & Nashville Railroad
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before Hon. W. W. Wilkerson. J ames Burgin brought this action against the Louisville & Nashville Bailroad Co. to recover damages for personal injuries. The court gave the general affirmative charge in favor of the defendant.
1Opinion of the CourtMcCLELLAN, J.
— We incline to the opinion that the evidence fails to show any defect in the roadway of the defendant company at the point of the accident to plaintiff; but as it seems perfectly clear on the facts that whether there was a defect therein or not the plaintiff would not have *275been injured but for Ms own want of ordinary care and diligence, we prefer to rest our approval of the court’s action, in giving the affirmative charge, hypothesized on the jury’s belief of the evidence, for the defendant, on the latter consideration.
The evidence without conflict showed that plaintiff stepped off the pilot…
2Cases cited1 opinion
- Thompson v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1891