Birmingham Ry. L. & P. Co. v. Dickerson
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. H. A. Shapre. Action by Kate Dickerson against the Birmingham Railway, Light & Power Company for injuries received in alighting from one of defendant’s cars. Judgment for plaintiff. Defendant appeals. There were two counts in the complaint. The first was for simple negligence, caused by the car being started, jerked, or its speed accelerated, while she was engaged in or about alighting therefrom.
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Appeal from Birmingham City Court. Heard before Hon. H. A. Shapre. Action by Kate Dickerson against the Birmingham Railway, Light & Power Company for injuries received in alighting from one of defendant’s cars. Judgment for plaintiff. Defendant appeals. There were two counts in the complaint. The first was for simple negligence, caused by the car being started, jerked, or its speed accelerated, while she was engaged in or about alighting therefrom. The second count was for wanton or wailful injury, alleging the negligence as alleged in the first count and that it was willfully or wantonly…
1Opinion of the CourtAnderson, J.
As a general rule alighting from a moving car is not necessarily negligence per se. There may be exceptional circumstances attending the attempt thus to alight, 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 so obviously dangerous that the court may, where the testimony is undisputed, declare as matter of law that the passenger’s conduct was reckless and negligent. — Hunter v. L. & N. R. R., 150 Ala. 594, 43 South. 802, 9 L. R. A. (N. S.) 848; Watkins v. Birmingham Elec.…
2Cases cited5 opinions
- Watkins v. Birmingham Railway & Electric Co.Supreme Court of Alabama · 1897
- Kansas City, Memphis & Birmingham Railway Co. v. MatthewsSupreme Court of Alabama · 1904
- Hunter v. L. & N. R. R.Supreme Court of Alabama · 1907
- Sweet v. Birmingham Railway & Electric Co.Supreme Court of Alabama · 1902
- Birmingham Railway, Light & Power Co. v. GloverSupreme Court of Alabama · 1904
3Cited by2 opinions
- Birmingham Railway, Light & Power Co. v. SelhorstSupreme Court of Alabama · 1910
- Travis v. Alabama Great So. R. R.Supreme Court of Alabama · 1917