Cutcliff v. B'ham Ry. L. & P. Co.
Supreme Court of Alabama
Action by Passenger for Personal Injuries. Appeal from Birmingham City Court. Heard before Hon. Criarles W. Ferguson. This was an action for damages, brought by plaintiff a passenger, for person injuries alleged to have been received occasioned by the car starting with a sudden jerk while plaintiff was attempting to alight. A member of demurrers were interposed, not necessary to be here set out.
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Action by Passenger for Personal Injuries. Appeal from Birmingham City Court. Heard before Hon. Criarles W. Ferguson. This was an action for damages, brought by plaintiff a passenger, for person injuries alleged to have been received occasioned by the car starting with a sudden jerk while plaintiff was attempting to alight. A member of demurrers were interposed, not necessary to be here set out. Issue was joined on the general issue and two pleas, setting up contributory negligence, to the seventh count of the complaint. On the trial of the cause the bill of exceptions shows that after…
1Opinion of the CourtAnderson, J.
— There was no error in sustaining tbe objection to tbe question asked plaintiff when examined, as it was not in rebuttal to anything brought out by tbe defendant.
It is needless for us to determine whether so much of tbe argument of counsel excepted to by tbe plaintiff was improper or not, since the plaintiff is in no position to complain if it was. “To bring questions growing out of improper argument of counsel under review, the trial court must first be appealed, to, to remedy tbe wrong by eradicating any effect tbe argument may have bad on tbe minds of the jury, through appropriate…
2Cases cited5 opinions
- Armstrong v. Montgomery Street Railway Co.Supreme Court of Alabama · 1898
- Stone v. StateSupreme Court of Alabama · 1894
- Birmingham Railway & Electric Co. v. JamesSupreme Court of Alabama · 1898
- I. & G. N. R'y Co. v. CopelandTexas Supreme Court · 1883
- King v. StateSupreme Court of Alabama · 1893
3Cited by11 opinions
- Birmingham Railway, Light & Power Co. v. DrennenSupreme Court of Alabama · 1911
- Sharp v. StateSupreme Court of Alabama · 1915
- Alabama Great Southern Railroad Co. v. MorrisonSupreme Court of Alabama · 1967
- Matthews v. StateAlabama Court of Appeals · 1918
- Solnick v. BallardSupreme Court of Alabama · 1928
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