Birmingham Railway & Electric Co. v. James
Supreme Court of Alabama
Appeal from tbe Circuit Court of J efferson. Tried before tbe Hon. James J. Basils. Mollie. James, as administratrix of Louis H. James, sued tbe Birmingham Railway & Electric Company for damage for tbe death of her husband and intestate, caused by injuries resulting, as alleged, from tbe negligence of the agents of tbe company.
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Appeal from tbe Circuit Court of J efferson. Tried before tbe Hon. James J. Basils. Mollie. James, as administratrix of Louis H. James, sued tbe Birmingham Railway & Electric Company for damage for tbe death of her husband and intestate, caused by injuries resulting, as alleged, from tbe negligence of the agents of tbe company. Tbe cause was tried on a count of tbe complaint, averring simple negligence, in that tbe plaintiff’s intestate, being a passenger on a train of tbe defendant and being about to alight therefrom, tbe defendant so negligently conducted in and about carrying tbe…
1Opinion of the Court
HARALSON, J.-
— In a case of recent impression in this court, the principles governing this appeal, in its essential features, was fully discussed and settled. It was there held sanctioned as stated by the great weight , of authority, many of which are cited, that- the act of a passenger ip leaving a car while it is in motion, is not ■ negligence per se. It is stated also that there are some exceptions to this rule, such as the great speed of the train, the age or infirmity of the passenger, or his being incumbered with bundles or children or other facts • which render the attempt to alight so…
2Cases cited3 opinions
- Thompson v. DuncanSupreme Court of Alabama · 1884
- Brown v. StateSupreme Court of Alabama · 1898
- McDonald v. Montgomery Street RailwaySupreme Court of Alabama · 1895
3Cited by12 opinions
- Birmingham Railway, Light & Power Co. v. GonzalezSupreme Court of Alabama · 1913
- Armstrong v. Montgomery Street Railway Co.Supreme Court of Alabama · 1898
- Alabama Power Co. v. GoodwinSupreme Court of Alabama · 1923
- McCaa v. ThomasSupreme Court of Alabama · 1922
- Sweet v. Birmingham Railway & Electric Co.Supreme Court of Alabama · 1902
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