Mobile & Montgomery Rail Road v. Ashcraft
Supreme Court of Alabama
Appeal from Circuit Court of Crenshaw. Tried before Hon. P. Q. Harper. This was an action on the case containing two counts, brought by appellee against appellant, a common carrier of passengers, to recover damages for injuries received while traveling on one of its trains.
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Appeal from Circuit Court of Crenshaw. Tried before Hon. P. Q. Harper. This was an action on the case containing two counts, brought by appellee against appellant, a common carrier of passengers, to recover damages for injuries received while traveling on one of its trains. The gravamen of the first count was that defendant negligently suffered and permitted its road-bed and track to be in such bad order and condition, that by reason thereof the car in which plaintiff was traveling was thrown from the track, and by negligence of defendant in not having a cord attached to the bell of the…
1Opinion of the CourtB. F. Saffold, J.
The suit was for damages on account of injuries received by the appellee, through the negligence of the appellants, as common carriers of passengers.
The plaintiff’s witness, Hannon, was permitted to tell what the conductor of the tram on which the plaintiff and the witness were, at the time of the accident, said to bim a moment before the occurrence, about the bad condition of the road, and his running off the track five consecutive times before this trip These declarations can not be considered as any part of the res gestae, because they did not spring out of the accident, conduce to it, or…
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