Southern Ry. Co. v. Johnson
Supreme Court of Alabama
Appeal from the Shelby Circuit Court. Heard before Hon. A. H. Alston. This was an action by the appellee, Reuben Johnson, against the appellant, to recover damages for personal injuries alleged to have been caused by the negligence of the defendant. It is unnecessary to note the various exceptions to rulings of the lower court on the pleadings and testimony.
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Appeal from the Shelby Circuit Court. Heard before Hon. A. H. Alston. This was an action by the appellee, Reuben Johnson, against the appellant, to recover damages for personal injuries alleged to have been caused by the negligence of the defendant. It is unnecessary to note the various exceptions to rulings of the lower court on the pleadings and testimony. The evidence showed in effect' that the plaintiff came to Calera, for the purpose of there taking the defendant’s train for his home. That shortly before the train was due to leave, he went into a saloon on the opposite side of the…
1Opinion of the CourtSimpson, J.
In this case the evidence produced by the plaintiff himself shows that the plaintiff remained in a saloon, not connected with the railroad depot, or waiting-rooms, until the train had started.and was running from one to three miles per hour, (according to the statement of different witnesses) and then ran, took hold of the railing of the caboose, but fell. The only evidence of anything in regard' to the movement of the train which might have caused the fall of plaintiff, was his statement that when he undertook to take hold of the other railing, with his left hand “It gave a sudden jerk and…
2Cases cited8 opinions
- Schepers v. Union Depot RailroadSupreme Court of Missouri · 1895
- North Birmingham Railway Co. v. LiddicoatSupreme Court of Alabama · 1892
- Browne v. Raleigh & Gaston RailroadSupreme Court of North Carolina · 1891
- Merrill v. Eastern RailroadMassachusetts Supreme Judicial Court · 1885
- McMurtry v. Louisville, New Orleans & Texas Railway Co.Mississippi Supreme Court · 1890
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3Cited by2 opinions
- Browder v. GunterSupreme Court of Alabama · 1930
- Mobile Light R. Co. v. EllisSupreme Court of Alabama · 1922