Southern Ry. Co. v. Hardin
Alabama Court of Appeals
Appeal from Cherokee Circuit Court. Heard before Hon. W. W. Haralson. Action by Rena Hardin against the Southern Railway Company, for injury to her while a passenger. Judgment for plaintiff and defendant appeals.
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Appeal from Cherokee Circuit Court. Heard before Hon. W. W. Haralson. Action by Rena Hardin against the Southern Railway Company, for injury to her while a passenger. Judgment for plaintiff and defendant appeals. The court erred in admitting the evidence objected to as the answer made no reference to any suffering but was a statement to a third person about what happened at the time of the injury. — R. & D. R. R. Go. v; Hammond, 93 Ala. 181. The court did not err in the admission of testimony. — K. G. M. & B. v. Butler, 143 Ala. 262; B. R. L. & P. Go. r. Rutledge, 142 Ala. 195. The judgment…
1Per curiam
Action for personal injuries.
On the cross-examination, by, the plaintiff, of the witness Mrs. Hardin, she was asked: “Was she (plaintiff) complaining that afternoon (i. e., the day of the alleged injury) ?” Complaints of pain, suffering, and symptoms indicative of injury, made by the party alleged to have been injured, are admissible in evidence.—W. U. Tel. Co. v. Henderson, 89 Ala. 510, 521, 7 South. 419, 18 Am. St. Rep. 148; B’ham R. Co. v. Hale, 90 Ala. 8, 10, 8 South. 142, 24 Am. St. Rep. 748; B. B. L. & P. Co. v. Rutledge, 142 Ala. 195, 202, 39 South. 338; K. C., M. & B. R. R. Co. v.…
2Cases cited4 opinions
- Western Union Telegraph Co. v. HendersonSupreme Court of Alabama · 1889
- Birmingham Union Railway Co. v. HaleSupreme Court of Alabama · 1890
- Birmingham Railway, Light & Power Co. v. RutledgeSupreme Court of Alabama · 1904
- Kansas City, Memphis & Birmingham R. R. v. ButlerSupreme Court of Alabama · 1904
3Cited by6 opinions
- Minto v. StateAlabama Court of Appeals · 1913
- Fidelity Service Ins. Co. v. JonesSupreme Court of Alabama · 1966
- Baxter v. WilsonAlabama Court of Appeals · 1950
- Bowman v. StateAlabama Court of Appeals · 1950
- American Surety Co. v. HookerAlabama Court of Appeals · 1951
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