Louisville & Nashville Railroad v. Whitman
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. IT. A. Siiarpe. This action was brought by Elijah Whitman against the appellant, a corporation operating tbe South and North Alabama railroad, to recover damages for personal injuries sustained in being ejected by violence from one of the defendant’s passenger trains; and was commenced on the 5th January, 1885. The cause was tried on issue joined on the plea of not guilty, and resulted in a verdict and judgment…
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Appeal from the City Court of Birmingham. Tried before the Hon. IT. A. Siiarpe. This action was brought by Elijah Whitman against the appellant, a corporation operating tbe South and North Alabama railroad, to recover damages for personal injuries sustained in being ejected by violence from one of the defendant’s passenger trains; and was commenced on the 5th January, 1885. The cause was tried on issue joined on the plea of not guilty, and resulted in a verdict and judgment for plaintiff, for $225. It was shown that the plaintiff, having purchased at Birmingham a .ticket to Wheeling, a…
1Opinion of the Court
STONE, O. J.
All the questions presented by this record, arose on charges given and refused. The testimony of and for plaintiff tended to show that he was forcibly, rudely and wantonly ejected from defendant’s train, while it was running at the rate of about fifteen miles per hour, and that this was done under the command of the conductor of the train. Testimony for defendant was in palpable conflict with this. A question of the weight of evidence was thus presented, for decision by the jury. The verdict was for the plaintiff, and it is thus shown that the jury was convinced that rudeness and…
2Cases cited7 opinions
- Caldwell v. . New Jersey Steamboat Co.New York Court of Appeals · 1872
- South & North Ala. Railroad v. McLendonSupreme Court of Alabama · 1879
- Goddard v. Grand Trunk RailwaySupreme Judicial Court of Maine · 1869
- Meagher v. DriscollMassachusetts Supreme Judicial Court · 1868
- Jeffersonville Railroad v. RogersIndiana Supreme Court · 1871
2 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Henderson by Hartsfield v. Alabama PowerSupreme Court of Alabama · 1993
- Ala. Great Southern Railroad v. FrazierSupreme Court of Alabama · 1890
- Cole v. Atlanta & West Point RailroadSupreme Court of Georgia · 1897
- Forrester v. Southern Pacific Co.Nevada Supreme Court · 1913
- Southern Car & Foundry Co. v. AdamsSupreme Court of Alabama · 1901
15 more not listed; retrieve them via the Exa API.