Western Railway v. Turrentine
Supreme Court of Alabama
Appeal from Macon Circuit Court. Heard before Hon. S. L. Brewer. Action by Edwyna Turrentine against the Western Railway of Alabama for damages for injuries while a passenger. Judgment for plaintiff, and defendant appeals.
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Appeal from Macon Circuit Court. Heard before Hon. S. L. Brewer. Action by Edwyna Turrentine against the Western Railway of Alabama for damages for injuries while a passenger. Judgment for plaintiff, and defendant appeals. The complaint alleges in count 3 that plaintiff was a passenger on one of defendant’s trains to Milstead, Ala., on her journey to her home in Tallassee, Ala., and that she alighted from defendant’s train at Milstead in the nighttime at its depot, and while passing out of the waiting room of said depot to the platform to board the train for Tallassee, which was in waiting,…
1Opinion of the CourtSayre, J.
(1-3) Count 5 of the complaint, demurrer to which was overruled, does not allege that defendant wantonly or intentionally injured plaintiff or caused her to be injured along with a statement of the means used to accomplish that result, but it alleges, in substance, that defendant wantonly or intentionally left or permitted a hole or opening in the platform of its passenger station at Milstead at a point in the platform that was “continually, generally, and largely used by passengers,” transferring from defendant’s depot or premises to another railroad, and this notwithstanding the hole or…
2Cases cited7 opinions
- Louisville & Nashville Railroad v. OrrSupreme Court of Alabama · 1898
- Bank of Phoenix City v. TaylorSupreme Court of Alabama · 1916
- Helton v. Alabama Midland RailroadSupreme Court of Alabama · 1892
- Cotton v. StateSupreme Court of Alabama · 1888
- Cooper v. StateSupreme Court of Alabama · 1889
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Dixie Stage Lines v. AndersonSupreme Court of Alabama · 1931
- State Farm Mutual Automobile Ins. Co. v. DoddSupreme Court of Alabama · 1964
- Maryland Casualty Co. v. McCallumSupreme Court of Alabama · 1917
- Hembree v. StateAlabama Court of Appeals · 1924
- Ex Parte HicksSupreme Court of Alabama · 1988
7 more not listed; retrieve them via the Exa API.