Montgomery Traction Co. v. Whatley
Supreme Court of Alabama
Damage for Personal Injury to Passenger From Violence by Another Passenger. Appeal from Montgomery City Court. Heard before Hon. A. D. Sayre. Mary Whatley sues the Montgomery Traction Company to recover damages for injuries and insult inflicted upon her by another passenger on defendant’s car. There was judgment for plaintiff, and defendant appeals.
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Damage for Personal Injury to Passenger From Violence by Another Passenger. Appeal from Montgomery City Court. Heard before Hon. A. D. Sayre. Mary Whatley sues the Montgomery Traction Company to recover damages for injuries and insult inflicted upon her by another passenger on defendant’s car. There was judgment for plaintiff, and defendant appeals. The liability of the carrier in such a case as this depends on a failure to use care after the danger is reasonably apparent. — -Met. W. S. E. R. JR. Go. v. Kersey, 80 Ill. App. 301; Springfield G. R. R. Go. v. Flynn, 55 Ill App 600; Atchison R.…
1Opinion of the CourtTyson, C. J.
Action by plaintiff to recover damages for personal injuries received, while a passenger upon one of defendant’s cars, by the falling of an intoxicated passenger upon or against her. There seems to be no dispute as to the principles of law which control the decision of this case, but the controversy arises over their applicability to the peculiar facts as deduced from the testimony. The evidence tends to show that the offending passenger was intoxicated and boisterous, and that just prior to his fall which occasioned the injury to plaintiff’s limb he had fallen upon the floor of the car. It…
2Cases cited1 opinion
- Batton v. South & Worth Ala. RailroadSupreme Court of Alabama · 1884
3Cited by5 opinions
- Nashville, C. & St. L. Railway v. CrosbySupreme Court of Alabama · 1913
- Tomme v. Pullman Co.Supreme Court of Alabama · 1922
- Seaboard Air Line Railway Co. v. MobleySupreme Court of Alabama · 1915
- Virginia Railway & Power Co. v. HubbardSupreme Court of Virginia · 1917
- Lucier v. United StatesUnited States Court of Federal Claims · 2018