Smith v. Georgia Pacific Railway Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Cleburne. Tried before the Hon. Leroy F. Box. This action was brought by Bobert T. Smith against the appellee corporation, to recover damages for personal injuries sustained by plaintiff in attempting to alight from a train of cars, on which he was a passenger; and was commenced on the 5th February, 1887. The pleas were, not guilty, and contributory negligence; and the trial resulted, under the rulings of the court, in a verdict for the…
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Appeal from the Circuit Court of Cleburne. Tried before the Hon. Leroy F. Box. This action was brought by Bobert T. Smith against the appellee corporation, to recover damages for personal injuries sustained by plaintiff in attempting to alight from a train of cars, on which he was a passenger; and was commenced on the 5th February, 1887. The pleas were, not guilty, and contributory negligence; and the trial resulted, under the rulings of the court, in a verdict for the defendant. The plaintiff 'reserved several exceptions during the trial, to the rulings of the court on evidence, and to…
1Opinion of the CourtClopton, J.
Appellant’s injuries, for which he sues, were received while alighting from a train at Heflin, a regular station on defendant’s road. His right of recovery is founded on the allegation, that his injury was caused by the negligence of defendant’s servants. The specific negligence complained of is alleged to c onsist in calling out the name of the station, bringing the train to a stand-still immediately *540thereafter, thereby inducing plaintiff to believe, and to act upon the belief, that the train had reached the usual place for landing passengers, and suddenly starting it' without giving him…
2Cases cited2 opinions
- Mitchell v. Chicago & Grand Trunk Railway Co.Michigan Supreme Court · 1883
- Bentley v. Georgia Pacific Railway Co.Supreme Court of Alabama · 1888
3Cited by15 opinions
- Ala. Great Southern R. R. v. HillSupreme Court of Alabama · 1890
- Smitson v. Southern Pacific Co.Oregon Supreme Court · 1900
- Railway Co. v. JohnsonSupreme Court of Arkansas · 1894
- Stahl v. Southern Michigan Railway Co.Michigan Supreme Court · 1920
- East Tennessee, Virginia & Georgia Railway v. HolmeSupreme Court of Alabama · 1892
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