Ga. Pacific Railway Co. v. Underwood
Supreme Court of Alabama
Appeal from the Circuit Court of Birmingham. Tried before the lion. James B. Head. This action was brought by A. 13. F. Underwood against the appellant corporation, to recover damages lor personal injuries sustained by plaintiff while travelling as a passenger on defendant’s road; and was commenced on the 22d June, 1887. The accident occurred on the 25th May, 1887, at or near “Pratt Crossing” on defendant’s road, where there is a short spur-track, on which several cars…
Read the full summary
Appeal from the Circuit Court of Birmingham. Tried before the lion. James B. Head. This action was brought by A. 13. F. Underwood against the appellant corporation, to recover damages lor personal injuries sustained by plaintiff while travelling as a passenger on defendant’s road; and was commenced on the 22d June, 1887. The accident occurred on the 25th May, 1887, at or near “Pratt Crossing” on defendant’s road, where there is a short spur-track, on which several cars loaded with coal were standing; the rear-car being pushed so near the main track that it scraped the entire side of the coach…
1Opinion of the CourtMcCLELLAN, J.
The following authorities hold that it is negligence per se, and to be so declared by'the courts as a matter of law, for a passenger on a steam railway to protrude his arm, hand or elbow through the window of a car while in motion, and beyond the outer edge of the window, or outer surface of the car; and that a recovery can not be had for any injury, which, but for such negligence, would not have been sustained.—S. & R. R. R. Co. v. Dun, 16 Amen & Eng. R. R. Cases, (Va.) 363; P. & C. R. R. Co. v. McClurg, 56 Pa. St. 294; Morel v. M. V. R. R. Co., 4 Bush, (Ky.) 535; L. & N. R. R. Co. v.…
2Cases cited7 opinions
- Pittsburg & Connellsville Railroad v. AndrewsCourt of Appeals of Maryland · 1874
- Indianapolis & Cincinnati Railroad v. RutherfordIndiana Supreme Court · 1867
- Ricketts v. Birmingham Street Railway Co.Supreme Court of Alabama · 1888
- Chicago & Alton Railroad v. PondromIllinois Supreme Court · 1869
- Barton v. St. Louis & Iron Mountain RailroadSupreme Court of Missouri · 1873
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Highland Avenue & Belt Railroad v. SouthSupreme Court of Alabama · 1896
- Capitol Motor Lines, Inc. v. BillingsleaSupreme Court of Alabama · 1945
- Benedict v. Minneapolis & St. Louis RailroadSupreme Court of Minnesota · 1902
- Knauss v. Lake Erie & Western RailroadIndiana Court of Appeals · 1902
- Midland Valley R. Co. v. ToomerSupreme Court of Oklahoma · 1917
4 more not listed; retrieve them via the Exa API.