Geo. Pacific Railway Co. v. Love
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This action was brought by Isaac T. Love against the appellant, a domestic corporation, to recover damages for personal injuries sustained by plaintiff while travelling as a passenger on the defendant’s road; and was commenced on the 8th June, 1887. There was a demurrer to the complaint, on the ground that the acts of negligence were not stated with sufficient certainty and definiteness; and the…
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Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This action was brought by Isaac T. Love against the appellant, a domestic corporation, to recover damages for personal injuries sustained by plaintiff while travelling as a passenger on the defendant’s road; and was commenced on the 8th June, 1887. There was a demurrer to the complaint, on the ground that the acts of negligence were not stated with sufficient certainty and definiteness; and the demurrer having been overruled, issue was joined on the plea of not guilty, and the plaintiff liada verdict and judgment…
1Opinion of the CourtStone, C. J.
In Louisville & Nashville R. R. Co. v. Jones, 83 Ala. 376, a case of alleged personal injury to a passenger, we said: “If injury is suffered at the hands of a common carrier, the law, in the absence of all explanation, presumes it was the result of the carrier’s fault, and casts on the latter the burden of overturning the presumption, or of showing that diligence and a careful observance of duty could not have prevented the injury.” In that case, the coach in which plaintiff’s intestate was being carried, was derailed, and thrown from the track, the derailment being caused, either by one of…
2Cases cited3 opinions
- Dougherty v. Missouri RailroadSupreme Court of Missouri · 1884
- Louisville & Nashville Railroad v. JonesSupreme Court of Alabama · 1887
- South & North Ala. R. R. v. BeesSupreme Court of Alabama · 1886
3Cited by12 opinions
- Birmingham Ry. Light & Power Co. v. MooreSupreme Court of Alabama · 1906
- Ala. Great Southern R. R. v. HillSupreme Court of Alabama · 1890
- Lawson v. Mobile Electric Co.Supreme Court of Alabama · 1920
- Cruse-Crawford Mfg. Co. v. RuckerSupreme Court of Alabama · 1929
- Montgomery & Eufaula Railway Co. v. MalletteSupreme Court of Alabama · 1890
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