Legal Opinion

Kansas City M. & B. R. R. v. Phillips

Supreme Court of Alabama

Decided November 15, 1893PublishedCited by 41 opinions

Appeal from Birmingham City Court. Tried before the Hon. W. W. Wilkerson. This action was brought by the appellee, M. M. Phillips, against the Kansas City, Memphis & Birmingham Railroad Company, to recover damages for personal injuries received by the plaintiff in a collision of defendant’s trains, alleged to have been caused by the defendant’s negligence. The material facts may be summarized as follows: Appel-lee was on a train of the appellant as a passenger.

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Appeal from Birmingham City Court. Tried before the Hon. W. W. Wilkerson. This action was brought by the appellee, M. M. Phillips, against the Kansas City, Memphis & Birmingham Railroad Company, to recover damages for personal injuries received by the plaintiff in a collision of defendant’s trains, alleged to have been caused by the defendant’s negligence. The material facts may be summarized as follows: Appel-lee was on a train of the appellant as a passenger. That, through a mistake of the defendant’s engineer, the tsain left the passenger station at Birmingham, leaving the conductor and a…

1Opinion of the CourtHead, J.

This is an action for damages for personal injuries sustained by appellee as a passenger, by a collision of trains on appellant’s road. On tbe main case, the questions arising for decision grow out of exceptions to testimony and charges given and refused. Appellant’s counsel insist specially, in argument, upon one only of tbe objections to testimony, and we will not comment on them, in detail. We have carefully examined’ and considered them all and find none well taken. If it was illegal for plaintiff to prove by tbe witness, Dr. Wilson, on cross-examination, that he was tbe employed…

2Cases cited8 opinions

  1. McDonnell v. Alabama Gold Life InsuranceSupreme Court of Alabama · 1888
  2. Gholston v. GholstonSupreme Court of Georgia · 1860
  3. Obear v. GraySupreme Court of Georgia · 1881
  4. Read v. City of CambridgeMassachusetts Supreme Judicial Court · 1878
  5. Pope v. StateMississippi Supreme Court · 1872

3 more not listed; retrieve them via the Exa API.

3Cited by41 opinions

  1. Roan v. StateSupreme Court of Alabama · 1932
  2. Fries v. Acme White Lead & Color WorksSupreme Court of Alabama · 1918
  3. Doyle v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1894
  4. Alabama City G. & A. Ry. Co. v. HealdSupreme Court of Alabama · 1912
  5. Alabama Fuel & Iron Co. v. RiceSupreme Court of Alabama · 1914

36 more not listed; retrieve them via the Exa API.

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