Legal Opinion

East Tennessee, Virginia & Georgia Railway v. Holme

Supreme Court of Alabama

Decided July 1, 1892PublishedCited by 10 opinions

Appeal from Talladega Circuit Court. Tried before Hon. Leroy E. Box. Action by Jacob E. Holmes against the E. T., Va. & Ga. Ewy. Co., to recover damages for injuries caused by the alleged negligence of defendant. insisted that the general charge should have been given, citing Smith v. Railroad Go., 88 Ala. 538; Railroad Go. v. Smith, 92 Ala. 237; Mitchell v. Railroad Go., 51 Mich. 236; Downey v. Hendrie, 46 Mich.; s.

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Appeal from Talladega Circuit Court. Tried before Hon. Leroy E. Box. Action by Jacob E. Holmes against the E. T., Va. & Ga. Ewy. Co., to recover damages for injuries caused by the alleged negligence of defendant. insisted that the general charge should have been given, citing Smith v. Railroad Go., 88 Ala. 538; Railroad Go. v. Smith, 92 Ala. 237; Mitchell v. Railroad Go., 51 Mich. 236; Downey v. Hendrie, 46 Mich.; s. O. 8 Am. & Eng E. E. Cas. 386; Railroad, v. Schaufler, 75 Ala. 136; Lillie v. Fletcher, 81 Ala. 234; A. G. S.'Railroad v. Hawk, 72 Ala. 112; Woodward, v. Jones, 80 Ala. 123.…

1Opinion of the CourtHabalson, J.

— This suit is for damages, brought by the appellee, who was a passenger on the railroad train of the appellant, having paid his fare from Talladega to Childersburg, two stations on said railroad. The complaint charges, that when the train arrived at or near the town of Childersburg, it was stopped at a point on said railroad, about one hundred and fifty yards from defendant’s depot, and the plaintiff was then and there ordered and commanded by the servant or agent of the defendant, whose duty it was to notify passengers when and where to leave the cars, to leave the one in which he was…

2Cases cited3 opinions

  1. Smith v. Georgia Pacific Railway Co.Supreme Court of Alabama · 1889
  2. South & North Alabama Railroad v. SchauflerSupreme Court of Alabama · 1883
  3. Richmond & Danville Railroad v. SmithSupreme Court of Alabama · 1890

3Cited by10 opinions

  1. Thompson v. Alexander City Cotton Mills Co.Supreme Court of Alabama · 1914
  2. Kansas City, Memphis & Birmingham Railway Co. v. MatthewsSupreme Court of Alabama · 1904
  3. McDonald v. Montgomery Street RailwaySupreme Court of Alabama · 1895
  4. Shaw v. RailroadSupreme Court of North Carolina · 1906
  5. Wolf v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1907

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