Patterson v. South & North Ala. Railroad
Supreme Court of Alabama
Appeal from the Circuit Court of Cullman. Tried before the Hon. John Moore. This action was brought by H. M. Patterson and his wife, Mrs. Mary E. Patterson, to recover damages for personal injuries sustained by her in riding over a railroad crossing on the defendant’s road; and was commenced on the 20th October, 1884. The accident occurred near Falkville, at a place called “Cedar crossing on the Crabb road,” where the railroad intersected the public highway; and was caused…
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Appeal from the Circuit Court of Cullman. Tried before the Hon. John Moore. This action was brought by H. M. Patterson and his wife, Mrs. Mary E. Patterson, to recover damages for personal injuries sustained by her in riding over a railroad crossing on the defendant’s road; and was commenced on the 20th October, 1884. The accident occurred near Falkville, at a place called “Cedar crossing on the Crabb road,” where the railroad intersected the public highway; and was caused by her mule stepping into a hole, or defective place in one of the timbers, whereby she was thrown and injured. At that…
1Opinion of the CourtSomebyille, J.
1. It was competent for the witness, Dr. Sams, to give his opinion, as an expert, that the injuries of the plaintiff, Mrs. Patterson, were caused by a fall of some kind, but not by a fall from a mule or horse at a particular railroad crossing, as to the facts of which he neither knew, nor pretended to know any thing. The evidence bearing on this point was properly excluded.
2. The evidence tended to show that the injury complained of was received by reason of the plaintiff’s mule falling through a hole in a bridge. The habit of the animal for stumbling was a relevant fact, in view of the…
2Cases cited4 opinions
- South & North Ala. Railroad v. McLendonSupreme Court of Alabama · 1879
- Lienkauf & Strauss v. MorrisSupreme Court of Alabama · 1880
- Western Union Telegraph Co. v. WaySupreme Court of Alabama · 1887
- Pratt Coal & Iron Co. v. Davis & DavisSupreme Court of Alabama · 1885
3Cited by11 opinions
- Alabama Great Southern Railroad Co. v. BishopSupreme Court of Alabama · 1956
- City of Birmingham v. Louisville N. R. Co.Supreme Court of Alabama · 1926
- Southern Ry. Co. v. MorrisSupreme Court of Alabama · 1904
- Birmingham Waterworks Co. v. BrooksAlabama Court of Appeals · 1916
- Alabama Consolidated Coal & Iron Co. v. CowdenSupreme Court of Alabama · 1911
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