Legal Opinion

Central of Georgia Ry. Co. v. Barnitz

Alabama Court of Appeals

Decided February 10, 1916Published

Appeal from Jefferson Circuit Court. Heard before Hon. C. B. Smith. Action by Mrs. Charles Barnitz against the Central of Georgia Railway Company, for damages for injury for being carried beyond her destination. Judgment for plaintiff and defendant appeals.

1Opinion

ON REHEARING.

BROWN, J.

On re-examination of the case, the opinion prevails that a rehearing should be granted, the judgment of reversal set aside, and the judgment affirmed, and the writer concurs in this conclusion for the reasons following:

This is an action by a passenger against the carrier for a breach of the duty resting on the carrier to exercise reasonable diligence to give the passenger notice that the train on which she was being carried had reached her destination and reasonable opportunity to alight therefrom.—Ala. City, Gadsden & Attalla Ry. Co. v. Cox, 173 Ala. 629, 55 South. 909;…

2Cases cited17 opinions

  1. Western Railway of Alabama v. MutchSupreme Court of Alabama · 1892
  2. Ala. Great Southern Railroad v. SellersSupreme Court of Alabama · 1890
  3. Reiter-Connolly Mfg. Co. v. HamlinSupreme Court of Alabama · 1906
  4. Louisville & Nashville Railroad v. QuickSupreme Court of Alabama · 1899
  5. B'ham Ry. L. & P. Co. v. GlennSupreme Court of Alabama · 1912

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