Legal Opinion

Alabama Great Southern R. R. v. Gilbert

Alabama Court of Appeals

Decided November 19, 1912PublishedCited by 5 opinions

Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Crowe. Action by Willie Gilbert pro ami, against A. G. S. R. R. Co., for. damages for injuries received while a passenger.

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Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Crowe. Action by Willie Gilbert pro ami, against A. G. S. R. R. Co., for. damages for injuries received while a passenger. Demurrers should have been sustained to the 4th count of the complaint. — B. R. L. & P.< Go. v. Brown, 150 Ala. 327; Anniston W. & G. Go. v. Rosen, 48 South. 798. On these same authorities demurrers should have been sustained to the 5th count, and should have been overruled to defendant’s pleas 2 and 3 in so far as they apply to counts 4 and 5. The court erred in denying testimony that it was customary for…

1Per curiam

This suit was brought by appellee, a minor, by his next friend, against the appellant for damages for personal injuries received by him while he was a passenger on one of appellant’s trains. In May, 1910, the appellant ran an excursion train from Birmingham, Ala., to Hull,. Ala. The appellee was a passenger on said train, and on the. return trip to Birmingham from Hull, and while standing on the steps of a platform or on the platform .of one of the cars, fell from the train and received painful and permanent injuries. At the time appellee fell, the train was at a point between Tuscaloosa and…

2Cases cited21 opinions

  1. Tennessee Coal, Iron & R. R. v. SmithSupreme Court of Alabama · 1911
  2. Wilkinson v. SearcySupreme Court of Alabama · 1884
  3. McDonald v. StateSupreme Court of Alabama · 1910
  4. Lienkauf & Strauss v. MorrisSupreme Court of Alabama · 1880
  5. Watkins v. Birmingham Railway & Electric Co.Supreme Court of Alabama · 1897

16 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. F. W. Woolworth Co. v. EricksonSupreme Court of Alabama · 1930
  2. White Swan Laundry Co. v. WehrhanSupreme Court of Alabama · 1918
  3. Mobile Light & R. R. v. HughesSupreme Court of Alabama · 1914
  4. Southern Railway Co. v. HayesSupreme Court of Alabama · 1915
  5. Shields v. Minneapolis, St. Paul, Rochester & Dubuque Electric Traction Co.Supreme Court of Minnesota · 1914

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