Mobile Light & Railroad v. Bell
Supreme Court of Alabama
Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Action by Robert F. Bell against tbe Mobile Light & Railroad Company. From a judgment for plaintiff, defendant appeals. Action for damages for injuries in being thrown from a car by a sudden jerk. The allegations of the second count oí the complaint are sufficiently set forth in the opinion.
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Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Action by Robert F. Bell against tbe Mobile Light & Railroad Company. From a judgment for plaintiff, defendant appeals. Action for damages for injuries in being thrown from a car by a sudden jerk. The allegations of the second count oí the complaint are sufficiently set forth in the opinion. The fourth ground of demurrer thereto is as follows: “Because it does not appear from the said complaint that the alleged injury was the proximate cause of the act of the conductor in giving the motorman the signal to go ahead, nor does…
1Opinion of the CourtAnderson, J.
— The negligence charged in the second count of the complaint Avas the act of the conductor in signaling the motorman to go ahead while the plaintiff was on the sideboard or step preparatory to alighting. The proximate cause of the injury is aA^erred as being due to the fact that the motorman, after being so signaled, caused the car to go ahead at increased speed “Avith a sudden jerk.” The complaint does not aver that the conductor signaled the motorman to start or increase the speed of the car Avith a sudden jerk. Therefore the order of the conductor, even if negligently given, is not…
2Cases cited2 opinions
- Western Railway of Alabama v. MutchSupreme Court of Alabama · 1892
- Crowley v. City of West EndSupreme Court of Alabama · 1907
3Cited by13 opinions
- Southern Ry. Co. v. DicksonSupreme Court of Alabama · 1924
- B'ham Ry. L. & P. Co. v. BarrettSupreme Court of Alabama · 1912
- Merrill v. Sheffield Co.Supreme Court of Alabama · 1910
- Birmingham Railway L. & Power Co. v. ParkerSupreme Court of Alabama · 1908
- Southern Railway Co. v. CarterSupreme Court of Alabama · 1909
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