L. & N. R. R. v. Glascow
Supreme Court of Alabama
Appeal from Shelby Circuit Court. Heard before Hon. John Pelham. Action by James S. Glasgow against the Louisville & Nashville Railroad Company for injuries received while on the premises of defendant for the purpose of taking passage on its train. Judgment for plaintiff, and defendant appeals.
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Appeal from Shelby Circuit Court. Heard before Hon. John Pelham. Action by James S. Glasgow against the Louisville & Nashville Railroad Company for injuries received while on the premises of defendant for the purpose of taking passage on its train. Judgment for plaintiff, and defendant appeals. Count 4 is as follows: “Plaintiff claims of defendant corporation the sum of $10,000 as damages, for that theretofore, to wit, on the 17th day of October, 1908, the defendant company by its servants or agents was engaged in the operation of a railroad for the carriage of passengers for hire in Shelby…
1Opinion of the CourtAnderson, J.
There can be no doubt of the soundness of the proposition that, when a plaintiff sues for injuries sustained upon the track or premises of the defendant and relies upon simple -negligence, he *257must by proper averment set up tbe relationship between him and the defendant, and show that he is not a trespasser and is entitled to recover for the simple negligence as charged. Counts 4 and 5, however, aver such a relationship as to warrant the plaintiff in recovering for the simple negligence there charged. They charge that the plaintiff was rightfully on the defendant’s premises at or near a…
2Cases cited7 opinions
- Alabama City G. & A. Ry. Co. v. BatesSupreme Court of Alabama · 1908
- Duchemin v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1904
- North Birmingham Railway Co. v. LiddicoatSupreme Court of Alabama · 1892
- Birmingham Ry. Light & Power Co. v. JonesSupreme Court of Alabama · 1906
- Ala. City, G. & A. Ry. Co. v. BatesSupreme Court of Alabama · 1907
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Nashville, Chattanooga & St. Louis Railway v. CrosbySupreme Court of Alabama · 1915
- Turner v. Missouri-Kansas-Texas RailroadSupreme Court of Missouri · 1940
- Howton v. MathiasSupreme Court of Alabama · 1916
- Atlantic Coast Line Railroad Co. v. WebbSupreme Court of Florida · 1933
- Shepherd v. Gardner Wholesale, Inc.Supreme Court of Alabama · 1972
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