Knight v. Tombigbee Valley R. R.
Supreme Court of Alabama
Appeal from Washington Circuit Court. Heard before Hon. John T. Lackland. Action by Woodie S. Knight against the Tombigbee Valley Railroad Company for damages for injury suffered while a passenger. Judgment for defendant and plaintiff appeals.
1Opinion of the CourtSomerville, J.
The defendant company, a common carrier, was operating a mixed train of passenger and freight cars, and three of the freight cars left the track while moving at a speed of about 15 miles an hour, resulting in a severe shake-up of the passenger coach, upon which the plaintiff was riding, and (as alleged) personal injury-to the plaintiff by being thrown forward against a car seat.(1) Counts 1,'5, and 6 of the complaint are defective in not showing any duty owed by the defendant to the plaintiff. Count 3 alleges that the injury was due “to the willful and wanton acts of defendant, who was then…
2Cases cited3 opinions
- Johnson v. Birmingham Railway L. & P. Co.Supreme Court of Alabama · 1907
- Kansas City, M. & B. R. R. v. SandersSupreme Court of Alabama · 1893
- Bell v. Ala. Midland Ry. Co.Supreme Court of Alabama · 1895
3Cited by11 opinions
- Jackson v. VaughnSupreme Court of Alabama · 1920
- Birmingham Southern R. Co. v. HarrisonSupreme Court of Alabama · 1919
- Dwight Manufacturing Co. v. HolmesSupreme Court of Alabama · 1916
- Jones v. KeithSupreme Court of Alabama · 1931
- Sloss-Sheffield Steel & Iron Co. v. PeinhardtSupreme Court of Alabama · 1940
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