Central Railroad & Ranking Co. v. Miles
Supreme Court of Alabama
Appeal from the Circuit Court of Bullock Tried before the Hon. Jesse M. Carmichael. This action was brought by Thos. J. Miles against the appellant corporation, to recover damages for personal injuries sustained by plaintiff on stepping from the platform of the defendant’s cars, on which he was a passenger, being thrown to the ground, and having his arm broken.
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Appeal from the Circuit Court of Bullock Tried before the Hon. Jesse M. Carmichael. This action was brought by Thos. J. Miles against the appellant corporation, to recover damages for personal injuries sustained by plaintiff on stepping from the platform of the defendant’s cars, on which he was a passenger, being thrown to the ground, and having his arm broken. The accident occurred at Inverness in said county, on the 8th September, 1888; and the action was commenced on the 14th January, 1889. The pleas were, not guilty, and contributory negligence. The plaintiff recovered a judgment on…
1Opinion of the CourtClopton, J.
Contributory negligence is relied on to defeat tbe action, wbicb is brought by appellee to recover for injuries alleged to have been caused by the mismanagement of defendant’s train, on which he was a passenger, while in the act of leaving the train. The charges given and refused raise the inquiry, whether the attempt of plaintiff to step from a moving car, under the circumstances disclosed by the evidence, was, per se, negligence.
Undoubtedly cases do arise, in which the facts are so clearly established, and the inference as to the course dictated by ordinary prudence so certain and…
2Cases cited7 opinions
- H.M. Filer v. . New York Central R.R. Co.New York Court of Appeals · 1872
- Doss v. Missouri, Kansas & Texas R. R.Supreme Court of Missouri · 1875
- Jeffersonville Railroad v. Hendricks' AdministratorIndiana Supreme Court · 1866
- Central Railroad & Banking Co. v. LetcherSupreme Court of Alabama · 1881
- Ricketts v. Birmingham Street Railway Co.Supreme Court of Alabama · 1888
2 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Choctaw, O. G. R. Co. v. BurgessSupreme Court of Oklahoma · 1908
- Watkins v. Birmingham Railway & Electric Co.Supreme Court of Alabama · 1897
- North Birmingham Street Railway Co. v. CalderwoodSupreme Court of Alabama · 1889
- Montgomery & Eufaula Railroad v. StewartSupreme Court of Alabama · 1890
- Carr v. River & Eureka RailroadCalifornia Supreme Court · 1893
17 more not listed; retrieve them via the Exa API.