Highland Avenue & Belt Railroad v. Winn
Supreme Court of Alabama
Action by Passenger against Railroad Company, for Damages on aecbunt of Personal Injuries. Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This action was brought by Mrs. Sarah D. Winn, to recover damages for ’personal injuries sustained'in alighting from one of the defendant’s street cars in Birmingham on the 19th August, 1889; and was commenced on the 2d October, 1889. The opinion states the- material- averments of the -complaint.
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Action by Passenger against Railroad Company, for Damages on aecbunt of Personal Injuries. Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This action was brought by Mrs. Sarah D. Winn, to recover damages for ’personal injuries sustained'in alighting from one of the defendant’s street cars in Birmingham on the 19th August, 1889; and was commenced on the 2d October, 1889. The opinion states the- material- averments of the -complaint. The only plea was the general issue. The jury gave the plaintiff a verdict for $275. The plaintiff herself testified “that she had…
1Opinion of the CourtMcCLELLAN, J.
— The complaint contains two counts, each claiming damages for injuries alleged to have been sustained by plaintiff in attempting to alight from a slowly moving car •of a “dummy” street railway upon which she was a passenger. The first count, after alleging that the plaintiff notified the conductor as to her destination, that the train was not stopped there, but ran a block beyond, and that it then came almost to a stop for the purpose of letting her off, proceeds: “The said conductor ordered plaintiff to get off, which plaintiff refused to do, because the train was not fully stopped,…
2Cases cited7 opinions
- Birmingham Mineral Railroad v. JacobsSupreme Court of Alabama · 1890
- North Birmingham Street Railway Co. v. CalderwoodSupreme Court of Alabama · 1889
- Montgomery & Eufaula Railroad v. StewartSupreme Court of Alabama · 1890
- Chicago, Burlington & Quincy Railroad v. DicksonIllinois Supreme Court · 1878
- Louisville & Nashville Railroad v. JohnstonSupreme Court of Alabama · 1885
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3Cited by16 opinions
- Astin v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1910
- Memphis Street Railway Co. v. RoeTennessee Supreme Court · 1907
- Dull v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Indiana Court of Appeals · 1899
- Stringer v. Alabama Mineral RailroadSupreme Court of Alabama · 1892
- Tognazzini v. FreemanCalifornia Court of Appeal · 1912
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