Irwin v. L. & N. R. R.
Supreme Court of Alabama
Appeal from Morgan Law and Equity Court. Heard before Hon. Thomas W. Wert. Action by Roxie Irwin against tbe Louisville & Nashville Railroad, for injuries received while a passenger from a rock or other missile thrown through the car window. Judgment for defendant and plaintiff appeals. The court erred in sustaining demurrers to count 4 both before and after amendment. — Missimer v. Pliila-. K. R. Go., 17 Pa. 172; Bir.
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Appeal from Morgan Law and Equity Court. Heard before Hon. Thomas W. Wert. Action by Roxie Irwin against tbe Louisville & Nashville Railroad, for injuries received while a passenger from a rock or other missile thrown through the car window. Judgment for defendant and plaintiff appeals. The court erred in sustaining demurrers to count 4 both before and after amendment. — Missimer v. Pliila-. K. R. Go., 17 Pa. 172; Bir. R. & E. Go. v. Baird, 130 Ala. 334; Spangler v. St. Jos. & G. I. R. R. Go., 63 L. R. A. 634; see also 3 L. R. A. (N. S.) 607; 59 L. R. A. 105. The court erred in giving the…
1Opinion of the CourtMayfield, J.
The appellant, as a passenger, sued the appellee, as a railroad common carrier, to recover damages for personal injuries received and suffered by her, while a passenger on its train, as the result of being *491struck by a missile that came through the window of the car, and also by flying glass knocked from the window by the missile. The missile was evidently thrown through the window from without by some miscreant, a third party.
Railroad companies as common carriers of passengers, are perhaps- not hound to protect their passengers from injuries by third persons to the same extent and degree as…
2Cited by14 opinions
- B'ham Ry. L. & P. Co. v. BarrettSupreme Court of Alabama · 1912
- Louisville N. R. Co. v. MaddoxSupreme Court of Alabama · 1938
- Pollard v. WilliamsSupreme Court of Alabama · 1939
- Bassell v. HinesCourt of Appeals for the Sixth Circuit · 1920
- Texas Electric Ry. v. ScottCourt of Appeals of Texas · 1929
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