South & North Ala. Railroad v. McLendon
Supreme Court of Alabama
Appeal from the Circuit Court of Shelby. Tried before the Hon. Vi. L. Whitlock. This action was brought by Mrs. Sarah McLendon against the appellant, a corporation chartered under the laws of Alabama, to recover damages on account of personal injuries sustained by her while crossing a bridge on the public road between Calera and Elyton, at a place where the track of the railroad crossed the public road; the injury being caused by the horse, which the plaintiff was riding,…
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Appeal from the Circuit Court of Shelby. Tried before the Hon. Vi. L. Whitlock. This action was brought by Mrs. Sarah McLendon against the appellant, a corporation chartered under the laws of Alabama, to recover damages on account of personal injuries sustained by her while crossing a bridge on the public road between Calera and Elyton, at a place where the track of the railroad crossed the public road; the injury being caused by the horse, which the plaintiff was riding, falling through the rotten planks of the bridge, and throwing her heavily to the ground; and the defendant being bound to…
1Opinion of the CourtStone, J.
An action on the case is the proper remedy for a personal injury, not directly produced, but consequent on the negligent conduct of another. It is equally the remedy for a nuisance, causing individual wrong, which is the consequence of some unauthorized act or omission of another. There is this wide difference in the two classes of cases : In the former, the tort or wrong, from which the injury results, expends its force and vitality at once, and there is no repetition or continuance of the wrongful act, although the injurious consequence complained of may be of lasting duration. A nuisance…
2Cases cited21 opinions
- Tanner's v. Louisville & Nashville RailroadSupreme Court of Alabama · 1877
- South & North Alabama Railroad v. SullivanSupreme Court of Alabama · 1877
- Savannah & Memphis Railroad v. ShearerSupreme Court of Alabama · 1877
- Vicksburg & Jackson Railroad v. PattonMississippi Supreme Court · 1856
- Wilkinson v. MoseleySupreme Court of Alabama · 1857
16 more not listed; retrieve them via the Exa API.
3Cited by119 opinions
- Smith v. WadeSupreme Court of the United States · 1983
- Moore v. Mobile Infirmary Ass'nSupreme Court of Alabama · 1991
- Roan v. StateSupreme Court of Alabama · 1932
- Wilson v. StateSupreme Court of Alabama · 1942
- Fireman's Fund Am. Ins. Co. v. ColemanSupreme Court of Alabama · 1981
114 more not listed; retrieve them via the Exa API.