North Birmingham Street Railway Co. v. Calderwood
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This action was brought by Mrs. Martha M. Calderwood, against the appellant, a domestic corporation, to recover damages for personal injuries sustained by plaintiff in attempting to alight from one of the defendant’s cars, at the intersection of First avenue and Twentieth street, in the city of Birmingham.
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Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This action was brought by Mrs. Martha M. Calderwood, against the appellant, a domestic corporation, to recover damages for personal injuries sustained by plaintiff in attempting to alight from one of the defendant’s cars, at the intersection of First avenue and Twentieth street, in the city of Birmingham. The accident occurred on the 2d October, 1887, and the action was commenced on the 1st October, 1888. The defendant pleaded not guilty, and contributory negligence; and issue was joined on both of those pleas. It…
1Opinion of the CourtSomerville, J.
The action is brought for an injury received by the plaintiff in stepping from the train of the defendant’s street railroad, which was operated by a steam dummy-engine in the city of Birmingham. The verdict of the jury was for the plaintiff, in the sum of five thousand dollars damages. The alleged negligence of the defendant, as averred in the complaint, was the failure of the engineer of the train to stop a sufficient length of time to enable the *253plaintiff to safely alight on the west side of Twentieth street, where trains were accustomed to stop to deliver passengers.
1. The defendant, in…
2Cases cited6 opinions
- Savannah & Memphis Railroad v. ShearerSupreme Court of Alabama · 1877
- Mitchell v. Chicago & Grand Trunk Railway Co.Michigan Supreme Court · 1883
- Case v. Mayor of MobileSupreme Court of Alabama · 1857
- Western Railway v. SistrunkSupreme Court of Alabama · 1888
- Central Railroad & Ranking Co. v. MilesSupreme Court of Alabama · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Kansas City, Memphis & Birmingham Railroad v. CrockerSupreme Court of Alabama · 1891
- Geo. Pacific Railway Co. v. DavisSupreme Court of Alabama · 1890
- Carlin v. City of ChicagoIllinois Supreme Court · 1914
- Jackson v. Grand Avenue Railway Co.Supreme Court of Missouri · 1893
- Birmingham Union Railway Co. v. SmithSupreme Court of Alabama · 1890
26 more not listed; retrieve them via the Exa API.