Southern Railway Co. v. Cunningham
Supreme Court of Alabama
Action for Damages for Injury to Passenger. Appeal from Madison Circuit Court. Heard before Hon. S. S. Pleasants, Special Judge. Action by O. T. Cunningham against the Southern Railway Company. From a judgment for plaintiff, defendant appeals. The nature ancl character of the action and the facts upon which the opinion is rested sufficiently appear therein.
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Action for Damages for Injury to Passenger. Appeal from Madison Circuit Court. Heard before Hon. S. S. Pleasants, Special Judge. Action by O. T. Cunningham against the Southern Railway Company. From a judgment for plaintiff, defendant appeals. The nature ancl character of the action and the facts upon which the opinion is rested sufficiently appear therein. The defendant excepted to the following portion of the oral charge to the court: “(1) The defendant, under the law, if you find that plaintiff was a passenger, was bound to exercise the strictest vigilance and the highest degree of care in…
1Opinion of the CourtTyson, C. J.
The complaint originally contained two counts. It was sought by each of them to recover damages for personal iniuries suffered bv plaintiff, caused by the negligence of the defendant while he was a passenger upon one of its cars. Tn each it is alleged that the iniury occurred on, to wit, the 3d day of March, 1903, near Huntsville, in Madison county, in this state. *151In the first the character of the injuries inflicted is described in no other way than by the word “personal.” In the second it is alleged that plaintiff received personal injuries by having his “back severely sprained and bruised,…
2Cases cited10 opinions
- Vicksburg & Meridian Railroad v. PutnamSupreme Court of the United States · 1886
- South & North Ala. Railroad v. McLendonSupreme Court of Alabama · 1879
- Montgomery & Eufaula Railway Co. v. MalletteSupreme Court of Alabama · 1890
- Going v. Alabama Steel & Wire Co.Supreme Court of Alabama · 1904
- Louisville & Nashville Railroad v. MothershedSupreme Court of Alabama · 1892
5 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- B'ham Ry. L. & P. Co. v. BarrettSupreme Court of Alabama · 1912
- Clark v. HudsonSupreme Court of Alabama · 1956
- Louisville N. R. Co. v. MaddoxSupreme Court of Alabama · 1938
- Fincher v. StateSupreme Court of Alabama · 1924
- Sovereign Camp, W. O. W. v. DavisSupreme Court of Alabama · 1941
15 more not listed; retrieve them via the Exa API.