Southern Railway Co. v. Wildman
Supreme Court of Alabama
Appeal from Birmingham City Court. Tried, before Hon. Wm. W. Wilkerson. Plaintiff’s evidence tended to show that deceased ■ bought a ticket at Brookside for passage to Birmingham on the train of defendant, but got on one of the box or coal cars instead of in the caboose, where passengers should ride.' All the other facts necessary to an understanding of the court’s rulings are sufficiently stated in the opinion.
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Appeal from Birmingham City Court. Tried, before Hon. Wm. W. Wilkerson. Plaintiff’s evidence tended to show that deceased ■ bought a ticket at Brookside for passage to Birmingham on the train of defendant, but got on one of the box or coal cars instead of in the caboose, where passengers should ride.' All the other facts necessary to an understanding of the court’s rulings are sufficiently stated in the opinion. The defendant excepted to certain parts of the court’s oral charge, as follows: “Well, now, gen'flemen of the jury, if a brakeman is told by one having authority from the corporation…
1Opinion of the CourtColeman, J.
The action Avas by the appellee, as administrator of John G. Patton, and was instituted to recover damages for wrongfully causing the death of plaintiff’s intestate. The complaint consisted of tAvo counts. The first averred that plaintiff’s intestate Avas a passenger upon the train, that he purchased a ticket, and was riding upon the train as such passenger, when defendant’s negligence caused or allowed him to fall from the train, etc. As to this count, the court gave the defendant the affirmative charge. As the verdict was for the plaintiff on the second count, no question is before us…
2Cases cited8 opinions
- Ala. Great Southern Railroad v. FrazierSupreme Court of Alabama · 1890
- Kansas City M. & B. R. R. v. PhillipsSupreme Court of Alabama · 1893
- Williams v. HendricksSupreme Court of Alabama · 1897
- Simpson v. GoldenSupreme Court of Alabama · 1896
- Lampkin v. Louisville & Nashville RailroadSupreme Court of Alabama · 1894
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Tucker v. Mobile Infirmary Ass'nSupreme Court of Alabama · 1915
- Jones v. StricklandSupreme Court of Alabama · 1917
- Slaughter v. StateSupreme Court of Alabama · 1938
- Cordes v. WootenSupreme Court of Alabama · 1985
- Patterson v. StateSupreme Court of Alabama · 1932
7 more not listed; retrieve them via the Exa API.