Birmingham Ry. L. & P. Co. v. Cockrell
Alabama Court of Appeals
Appeal from Bessemer City Court. ' Hea.rd before Hon. J. C. B. Gwin. Action by Alfred Cockrell against the Birmingham Railway, Light & Power Company, for damages for injury while a passenger. Judgment for plaintiff and defendant appeals.
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Appeal from Bessemer City Court. ' Hea.rd before Hon. J. C. B. Gwin. Action by Alfred Cockrell against the Birmingham Railway, Light & Power Company, for damages for injury while a passenger. Judgment for plaintiff and defendant appeals. The common carrier of passengers does not owe to its passengers the duty to exercise the highest degree of care. — Gadsden & Attalla U. Ry. v. Gausler, 97 Ala. 235; B. R. L. S P. Go. v. Barrett, 58 South. 760; B. R. L. & P. Go. v: Barrett, 60 South. 262; Sou. Ry. Go. v. Burgess, 143 Ala. 364; M. & E. Ry. v. Mallette, 92 Ala. 209; A. G. S. Ry. Go. v. Hill, 93…
1Opinion of the CourtPelham, J.
It is true that the court is1 shown to have made use of the expression “the highest degree of care,” in the excerpt from the oral charge of which the appellant complains, as being The degree of care exacted of the defendant as a common carrier of passengers in the performance of its contract of service in transporting the appellee as a passenger for hire; but this expression (“higest degree of care”) is a relative term (B. R., L. & P. Co. v. Barrett, 179 Ala. 250, 60 South. *580262), and its nse in this connection has been held to be proper in a charge that goes no further and requires no…
2Cases cited4 opinions
- Rutledge v. RowlandSupreme Court of Alabama · 1909
- Gadsden & Attalla Union Railway Co. v. CauslerSupreme Court of Alabama · 1892
- L. & N. R. R. v. MorrisSupreme Court of Alabama · 1912
- Birmingham Railway Light & Power Co. v. BarrettAlabama Court of Appeals · 1912
3Cited by2 opinions
- Scott v. StateAlabama Court of Appeals · 1916
- Louisville & Nashville R. R. v. MyersAlabama Court of Appeals · 1915