Randle v. Birmingham Railway Light & Power Co.
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. C. C. Nesmith. Action by William J. Bundle, administrator of John M. Bundle, deceased, against the Birmingham Bailway, Light & Power Company. From a judgment for defendant, plaintiff appeals. The general .affirmative charge should not be given whén there is conflict in the evidence. — Tabler v. Sheffield Go., 87 Ala. 305; Southern Ry. Go. v. Hill, 39 South 987; Bir. R. L. & P. Go. r. dones, 45 South. 180; Southern Ry.
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Appeal from Birmingham City Court. Heard before Hon. C. C. Nesmith. Action by William J. Bundle, administrator of John M. Bundle, deceased, against the Birmingham Bailway, Light & Power Company. From a judgment for defendant, plaintiff appeals. The general .affirmative charge should not be given whén there is conflict in the evidence. — Tabler v. Sheffield Go., 87 Ala. 305; Southern Ry. Go. v. Hill, 39 South 987; Bir. R. L. & P. Go. r. dones, 45 South. 180; Southern Ry. Go. v. Bush, 122 Ala. 470. While an engineer may assume that a trespasser will leave the track, this assumption does not…
1Opinion of the CourtDenson, J.
According to the complaint this action is based upon negligence of the defendant subsequent to discovering the plaintiff’s intestate’s peril. As applied to the case in hand, the law may be stated thus:
The. motorman of a street car is not obliged to stop Ins car when he sees , a man walking along the line of railway ahead of the car, but may continue to run the car in a proper manner until he is counscious of the fact that the pedestrian is unaware or heedless of danger. When he is thus conscious, it is his duty to use all reasonable care and diligence to avoid running the car onto the man.…
2Cases cited14 opinions
- Central of Georgia Railway Co. v. FosheeSupreme Court of Alabama · 1899
- McDermott v. SevereSupreme Court of the United States · 1906
- City Council of Montgomery v. WrightSupreme Court of Alabama · 1882
- Galveston City Railroad v. HewittTexas Supreme Court · 1887
- Alabama Great Southern Railroad v. McWhorterSupreme Court of Alabama · 1908
9 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Randle v. Birmingham Railway, Light & Power Co.Supreme Court of Alabama · 1910
- Denver City Tramway Co. v. WrightSupreme Court of Colorado · 1909
- Acton v. Fargo & Moorhead Street Railway Co.North Dakota Supreme Court · 1910
- Brown & Flowers v. Central of Georgia Ry. Co.Supreme Court of Alabama · 1916
- Brown v. St. Louis & S. F. R. R.Supreme Court of Alabama · 1911
16 more not listed; retrieve them via the Exa API.