Birmingham Union Railway Co. v. Hale
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried before the Hon. James B. Heal. This action was brought by Mrs. Sarah H. Hale, against the appellant, a domestic corporation organized under the general statutes, to recover damages for personal injuries sustained by plaintiff as she attempted to alight from-one of the defendant’s ■street cars in Birmingham, alleged to have been caused-by the negligent act of the driver in starting the car “with a jerk” as she was in the act…
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Appeal from the Circuit Court of Jefferson. Tried before the Hon. James B. Heal. This action was brought by Mrs. Sarah H. Hale, against the appellant, a domestic corporation organized under the general statutes, to recover damages for personal injuries sustained by plaintiff as she attempted to alight from-one of the defendant’s ■street cars in Birmingham, alleged to have been caused-by the negligent act of the driver in starting the car “with a jerk” as she was in the act of alighting. The accident occurred on the 2d February, and the action-was commenced on the 19th February, 1889. The only…
1Opinion of the CourtClopton, J.
1. The physician, who attended the plaintiff, was permitted to testify that, when he first sawr her, “she was complaining of pain from an injury she said she had received.” As to statements made to the physician by a party who is the subject of the injury, the rule of exclusion extends to declarations as to its cause, or the way in which it occurred; these being regarded as mere narratives of past events, which must be proved by other and independent evidence. But, from the necessity of the case, he may testify to the party’s statements as to his symptoms, the locality and character of the…
2Cases cited12 opinions
- Hawes v. StateSupreme Court of Alabama · 1889
- Transportation Company v. DownerSupreme Court of the United States · 1871
- Wilkinson v. SearcySupreme Court of Alabama · 1884
- Roosa v. Boston Loan Co.Massachusetts Supreme Judicial Court · 1882
- Lehman, Durr & Co. v. Kelly & Bro.Supreme Court of Alabama · 1880
7 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Crawford v. StateSupreme Court of Alabama · 1895
- McLaney v. TurnerSupreme Court of Alabama · 1958
- Mitchell v. StateSupreme Court of Alabama · 1891
- Cincinnati, N. O. & T. P. Ry. Co. v. South Pork Coal Co.Court of Appeals for the Sixth Circuit · 1905
- Byers v. StateSupreme Court of Alabama · 1894
44 more not listed; retrieve them via the Exa API.