Alabama Great Soiitliern Railroad v. Hawk
Supreme Court of Alabama
Appeal from the Circuit Court of DeKalb. Tried before the ITou. Leroy E. Box. This action was brought by James M. Hawk against the appellant, a domestic corporation, to recover damages for personal injuries sustained by the plaintiff by being thrown, or falling, from the platform of a passenger car at Yalley Head, to which station he had travelled as a passenger from Eort Payne, another station on the defendant’s road, on the 10th December, 1879. The defendant pleaded, 1st,…
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Appeal from the Circuit Court of DeKalb. Tried before the ITou. Leroy E. Box. This action was brought by James M. Hawk against the appellant, a domestic corporation, to recover damages for personal injuries sustained by the plaintiff by being thrown, or falling, from the platform of a passenger car at Yalley Head, to which station he had travelled as a passenger from Eort Payne, another station on the defendant’s road, on the 10th December, 1879. The defendant pleaded, 1st, not guilty; 2d, “ that the injuries to plaintiff now complained of, if any he received, would not have occurred without…
1Opinion of the CourtSomeryille, J.
The action here is for an injury to the person of the plaintiff, which resulted from his being accidentally thrown, or having fallen, from the platform of a passenger car of the defendant railroad company. The plaintiff charges the injury to the negligence of the defendant’s servants, and the defense interposed is the negligence of the plaintiff himself, which is alleged to have proximately contributed to the injury.
It was justly observed by this court, in Memphis and Charleston Railroad Co. v. Copeland, 61 Ala. 376, that the doctrine of contributory negligence “is too firmly rooted in our…
2Cases cited23 opinions
- Railroad Co. v. JonesSupreme Court of the United States · 1877
- Luby v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1858
- Tanner's v. Louisville & Nashville RailroadSupreme Court of Alabama · 1877
- Packet Co. v. CloughSupreme Court of the United States · 1874
- Doss v. Missouri, Kansas & Texas R. R.Supreme Court of Missouri · 1875
18 more not listed; retrieve them via the Exa API.
3Cited by85 opinions
- Shapiro v. Secretary of Health & Human ServicesUnited States Court of Federal Claims · 2011
- Roan v. StateSupreme Court of Alabama · 1932
- Louisville & Nashville Railroad v. MarkeeSupreme Court of Alabama · 1893
- Johnson v. StateSupreme Court of Alabama · 1893
- Louisville & Nashville Railroad v. HallSupreme Court of Alabama · 1888
80 more not listed; retrieve them via the Exa API.