Atkinson v. Dean
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. C. B. Smith. Action by Mrs. Kate Dean against H. M. Atkinson and others as receivers for damages for injuries received while a passenger. Judgment for plaintiff and defendants appeal. Transferred from the Court of Appeals under Acts 1911, p. 450.
1Opinion of the CourtMayfield, J.
The action is by a passenger, against a common carrier, to recover damages for personal injuries suffered in consequence of a fall while in the carrier’s car.
The complaint consisted of but one count, and alleged negligence in the most general terms possible; but the allegation followed the form which has been often approved by this court in like cases. The allegations as to negligence in such cases are allowed to be much more general than they are in most other negligence cases.(1) A complaint against a carrier of passengers must allege a duty owing from the carrier to the passenger, or…
2Cases cited13 opinions
- Armstrong v. Montgomery Street Railway Co.Supreme Court of Alabama · 1898
- Louisville & Nashville Railroad v. JonesSupreme Court of Alabama · 1887
- Alabama Great Southern R. R. v. ArnoldSupreme Court of Alabama · 1887
- Beiser v. Cin., N. O. & T. P. Ry. Co.Court of Appeals of Kentucky · 1913
- Stimson v. Milwaukee, Lake Shore & Western Railway Co.Wisconsin Supreme Court · 1890
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3Cited by4 opinions
- Ensley Holding Co. v. KelleySupreme Court of Alabama · 1934
- Semmes Nurseries, Inc. v. McVaySupreme Court of Alabama · 1965
- Williams v. Greyhound Lines, Inc.District Court, N.D. Alabama · 1983
- Harrell v. Walmart IncDistrict Court, N.D. Alabama · 2024