Central of Georgia Ry. Co. v. Moore
Supreme Court of Alabama
Appeal from City Court of Birmingham; John H. Miller, Judge. Action by J. H. Moore against the Central of Georgia Railway Company. Judgment for plaintiff, and defendant appeals. Transferred from the Court of Appeals under section 6, Act April 18, 1911, p. 449.
1Opinion of the CourtMayfield, J.
Appellee, while on or in a public street, avenue, or highway, in the city of Birmingham, was stricken by a passing car or train, and caused to suffer severe physical pain and injury. Plaintiff in the court below, he brought his action against the defendant (appellant here), ascribing his injury to the negligence of the defendant.
[1 ] It is first insisted that the third count, on which the trial was had, stated no cause of action, for that it affirmatively showed plaintiff to have been a trespasser upon the track of the defendant, and relied solely upon initial simple negligence, and therefore…
2Cases cited11 opinions
- Birmingham Railway Light & Power Co. v. JonesSupreme Court of Alabama · 1907
- Ex parte Southern Ry. Co.Supreme Court of Alabama · 1913
- Southern Railway Co. v. SmithSupreme Court of Alabama · 1909
- Louisville & Nashville R. R. v. JonesSupreme Court of Alabama · 1914
- Alabama Great Southern Ry. Co. v. SmithSupreme Court of Alabama · 1916
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Birmingham Southern R. Co. v. HarrisonSupreme Court of Alabama · 1919
- Louisville N. R. Co. v. GreenSupreme Court of Alabama · 1931
- Birmingham & A. Ry. Co. v. CampbellSupreme Court of Alabama · 1919
- Dorough v. Alabama Great Southern R. Co.Supreme Court of Alabama · 1930
- Lambert v. Southern Ry. Co.Supreme Court of Alabama · 1926
3 more not listed; retrieve them via the Exa API.