McDonald v. Montgomery Street Railway
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. John G. Winter, Special Judge. This was an action brought by the appellant, Frank McDonald, against the appellee, the Montgomery Street Railway, to recover damages for personal injuries, alleged to have been inflicted by reason of the negligence of the defendant. The complaint contained wo counts.
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. John G. Winter, Special Judge. This was an action brought by the appellant, Frank McDonald, against the appellee, the Montgomery Street Railway, to recover damages for personal injuries, alleged to have been inflicted by reason of the negligence of the defendant. The complaint contained wo counts. The first count, after alleging that the defendant was a corporation operating a street railway by electricity in the city of Montgomery, and that on November 12, 1894, the plaintiff boarded one of defendant’s cars for the purpose of…
1Opinion of the CourtHaralson, J.
Conceding that there was error in allowing the witness for defendant, Askew, to answer the question, that it is a public rule to ring the bell of the car at a crossing, in order to stop the car, on the ground that it was not shown to have been the rule at the time plaintiff was hurt, the error was cured, by the witness answering another question, immediately propounded, in order to obviate the objection to his previous answer, “that it was the rule at the time plaintiff fell off the car, and had always been that way.”
The witness, Askew, was asked by defendant: “Did he (the plaintiff) ever…
2Cases cited12 opinions
- Carter v. ChambersSupreme Court of Alabama · 1885
- Geo. Pacific Railway Co. v. DavisSupreme Court of Alabama · 1890
- Louisville & Nashville Railroad v. HallSupreme Court of Alabama · 1888
- Government Street R. R. v. HanlonSupreme Court of Alabama · 1875
- Birmingham Union Railway Co. v. HaleSupreme Court of Alabama · 1890
7 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Dwight Mfg. Co. v. WordSupreme Court of Alabama · 1917
- Hoffman v. Southern Pacific Co.California Court of Appeal · 1927
- City of Indianapolis v. KeeleyIndiana Supreme Court · 1906
- McCaa v. ThomasSupreme Court of Alabama · 1922
- Alabama Midland Railway Co. v. JohnsonSupreme Court of Alabama · 1898
12 more not listed; retrieve them via the Exa API.