Clanton v. Southern Railway Co.
Supreme Court of Alabama
Action for Injury to Passenger. Appeal from Madison Law and Equity Court. Heard before Hon. Tancred Betts. Action by Juliet Clanton against the Southern Eailway Company and another. Prom a judgment for defendants, on sustaining a demurrer to each count of the complaint, plaintiff appeals.
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Action for Injury to Passenger. Appeal from Madison Law and Equity Court. Heard before Hon. Tancred Betts. Action by Juliet Clanton against the Southern Eailway Company and another. Prom a judgment for defendants, on sustaining a demurrer to each count of the complaint, plaintiff appeals. The complaint was as follows: “(1) Plaintiff claims of the defendants the sum of $25,000 damages, for this: That on, to wit, the 30th day of September,- 1907, the defendant the Southern Eailway Company, a corporation under the laws of the state of Virginia, was operating a train of cars, as a common carrier…
1Opinion of the CourtSayre, J.
— It is negligence, except under special circumstances to stand upon the platform of a car of a rapidly moving commercial railroad train. The inevitable lurching and jerking of a train so propelled makes the danger obvious to the ordinary understanding and the negligence self-evident. Modern vestibuled trains *490are so constructed as to make it convenient and invite passage from car to car. To minimize the danger, a lid or .drop floor is provided, which is let down over the steps when, the train is in motion, thus in effect extending the platform to the side of the car. The nature of the…
2Cases cited3 opinions
- Bronson v. OakesCourt of Appeals for the Eighth Circuit · 1896
- Northern Pac. Ry. Co. v. AdamsCourt of Appeals for the Ninth Circuit · 1902
- Crandall v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1905
3Cited by7 opinions
- Cannon v. Louisville N. R. Co.Supreme Court of Alabama · 1949
- Brennan v. RollmanCourt of Appeals of Virginia · 1928
- Alabama Great Southern R. R. v. GilbertAlabama Court of Appeals · 1912
- Callaway v. HartCourt of Appeals for the Fifth Circuit · 1944
- Southern Railway Co. v. HayesSupreme Court of Alabama · 1915
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