Birmingham Railway Light & Power Co. v. Anderson
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Action by J. C. Anderson against tbe Birmingham Railway, Light and Power Company. Judgment for plaintiff, and defendant appeals. The facts sufficiently appear in the opinion of the court.
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Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Action by J. C. Anderson against tbe Birmingham Railway, Light and Power Company. Judgment for plaintiff, and defendant appeals. The facts sufficiently appear in the opinion of the court. The following charges were given at the instance of the plaintiff: (2) “Plaintiff’s failure, if any, to have a surgical operation as promptly as should have been done, cannot be -considered by you as reducing the amount of damages to which plaintiff is entitled, if any.” (6) “Plaintiff owed defendant no duty to have the surgical operation.”…
1Opinion of the CourtSayre, J.
Plaintiff’s case was that, having been carried somewhat beyond his destination, the car upon which he was a passenger was negligently stopped for him to alight at a place where it was not reasonably safe for him to do so, and that in making the effort to reach the point where, in regular course, he could have alighted, by the only practicable way, he fell into a stock gap and received injury. The defendant’s second plea averred that “plaintiff himself was guilty of negligence which proximately contributed to his injury, in this: That he negligently walked along defendant’s track in the…
2Cases cited10 opinions
- Louisville, New Albany & Chicago Railway Co. v. FalveyIndiana Supreme Court · 1885
- Chicago & Erie Railroad v. MeechIllinois Supreme Court · 1896
- Montgomery Street Railway Co. v. MasonSupreme Court of Alabama · 1901
- Blate v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1899
- Stover v. Inhabitants of BluehillSupreme Judicial Court of Maine · 1863
5 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Britton v. DoehringSupreme Court of Alabama · 1970
- Morrison v. ClarkSupreme Court of Alabama · 1916
- Bennett v. BennettSupreme Court of Alabama · 1932
- Alabama City G. & A. Ry. Co. v. AppletonSupreme Court of Alabama · 1911
- Lesh v. Illinois Steel Co.Wisconsin Supreme Court · 1916
9 more not listed; retrieve them via the Exa API.