Highland Avenue & Belt Railroad v. Burt
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried before the Hon. James B. Head. This action was brought by the appellee, Margaret A. Burt, against the appellant corporation, and sought to recover damages for personal injuries, alleged to have been sustained on account of the negligence of the defendant’s employés.
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Appeal from the Circuit Court of Jefferson. Tried before the Hon. James B. Head. This action was brought by the appellee, Margaret A. Burt, against the appellant corporation, and sought to recover damages for personal injuries, alleged to have been sustained on account of the negligence of the defendant’s employés. The testimony for the plaintiff tended to show that she-boarded one of the defendant’s dummy trains in Birmingham;, that upon paying her fare, she told the conductor she wanted to get off at St. John’s Church, and to. put her off at that place, to which he nodded his consent; that…
1Opinion of the CourtColeman, J.
The plaintiff sued to recover damages for' personal injury, alleged to have been sustained in consequence of the negligence of the defendant, by moving forward the train upon which she was a passenger, while she was in the act of alighting, and before she had reasonable time to get off.
We regard the law with respect to the duty to be exercised by ordinary railroads, for the safety of passengers getting on and off their trains, as well settled. When the train of an ordinary railroad is brought to a stand still at the proper and usual place for receiving passengers and for permitting passengers…
2Cases cited4 opinions
- North Birmingham Street Railway Co. v. CalderwoodSupreme Court of Alabama · 1889
- Montgomery & Eufaula Railroad v. StewartSupreme Court of Alabama · 1890
- Birmingham Union Railway Co. v. SmithSupreme Court of Alabama · 1890
- Central Railroad & Ranking Co. v. MilesSupreme Court of Alabama · 1889
3Cited by23 opinions
- Birmingham Electric Co. v. ClevelandSupreme Court of Alabama · 1927
- Birmingham Railway L. & P. Co. v. JungSupreme Court of Alabama · 1909
- Citizens' Street Railroad v. SpahrIndiana Court of Appeals · 1893
- Louisville & N. R. R. v. DilburnSupreme Court of Alabama · 1912
- Montgomery v. Colorado Springs & Interurban Railway Co.Supreme Court of Colorado · 1911
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