Central Railroad & Banking Co. v. Letcher
Supreme Court of Alabama
Appeal from Lee Circnit Court. Tried before Hon. H. D. Clayton. This was an action by James F. Letcher, the appellee, against The Central Railroad and Banking Company of Georgia and The Georgia Railroad and Banking Company, corporations owning and operating a railroad in this State, the appellants, for the purpose of recovering damages for personal injuries sustained by the appellee in jumping from the train of the appellants-while it was in motion.
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Appeal from Lee Circnit Court. Tried before Hon. H. D. Clayton. This was an action by James F. Letcher, the appellee, against The Central Railroad and Banking Company of Georgia and The Georgia Railroad and Banking Company, corporations owning and operating a railroad in this State, the appellants, for the purpose of recovering damages for personal injuries sustained by the appellee in jumping from the train of the appellants-while it was in motion. The companies pleaded not guilty, and npon-the issue thus made the cause was tried. The'plaintiff' in the lower court was examined as a witness…
1Opinion of the Court
BRIOKELL, O. J.
In M. & C. R. R. v. Copeland, 61 Ala. 376, the undisputed facts' were, that plaintiff’s intestate attempted to cross defendant’s railroad track, by passing under the coupling of two box cars, which were coupled together and constituted part of a freight train, then standing temporarily on the side track, placed there with locomotive and steam up, to .allow a passenger train to pass it. "While in the act of passing-under the coupling, the train was moved, and he was knocked down, run over and killed. There was conflict in the proof as to whether the required signals were, or…
2Cases cited10 opinions
- Railroad Company v. HoustonSupreme Court of the United States · 1878
- Doss v. Missouri, Kansas & Texas R. R.Supreme Court of Missouri · 1875
- Jeffersonville Railroad v. Hendricks' AdministratorIndiana Supreme Court · 1866
- Morrison v. . Erie Railway Co.New York Court of Appeals · 1874
- Memphis & Charleston Railroad v. CopelandSupreme Court of Alabama · 1878
5 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Cincinnati, Hamilton & Indianapolis Railroad v. ButlerIndiana Supreme Court · 1885
- Frazer v. South & North Ala. R. R.Supreme Court of Alabama · 1886
- Louisville & Nashville Railroad v. WebbSupreme Court of Alabama · 1890
- Railway Co. v. LawtonSupreme Court of Arkansas · 1892
- Griswold v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1885
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