Birmingham Railway Light & Power Co. v. Seaborn
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Action by Isa A. Seaborn against the Birmingham. Railway, Light &-Power Company. From a judgment for plaintiff, defedant appeals. Plaintiff was a passenger on defendant’s cars, and alleges that as a proximate consequence of the negligence on part of the defendant in transporting her she was injured.
Read the full summary
Appeal from Birmingham City Court. Heard before Hon. C. W. Ferguson. Action by Isa A. Seaborn against the Birmingham. Railway, Light &-Power Company. From a judgment for plaintiff, defedant appeals. Plaintiff was a passenger on defendant’s cars, and alleges that as a proximate consequence of the negligence on part of the defendant in transporting her she was injured. The specific negligence alleged ivas that plaintiff desired to alight from the car at a station called West Highlands on defendant’s car line, and that the defendant negligently carried her and some others with her some distance…
1Opinion of the CourtAnderson, J.
The duty of a railroad company, as a common carrier of passengers, is not performed until it delivers its passenger in proper condition' at the station-to which he has paid his fare; and where a passenger on a railroad train is carried past his point of destination, it is the duty of those in charge of the train to either back the same to the station, or to notify the passenger how and when to alight, warn him of any dangers incident to alighting at that point, and give him such assistance or instructions as may be necessary to assure his safe return to the station; and if, without the fault…
2Cases cited9 opinions
- Home Insurance v. AdlerSupreme Court of Alabama · 1882
- Rutledge v. RowlandSupreme Court of Alabama · 1909
- Birmingham Railway L. & P. Co. v. JungSupreme Court of Alabama · 1909
- Orr v. StateSupreme Court of Alabama · 1897
- New York, Chicago & St. Louis Railway Co. v. DoaneIndiana Supreme Court · 1888
4 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Russell v. BushSupreme Court of Alabama · 1916
- Manning v. StateSupreme Court of Alabama · 1928
- Vacalis v. StateSupreme Court of Alabama · 1920
- Singleton v. Doe ex dem. SmithSupreme Court of Alabama · 1913
- Floyd v. PughSupreme Court of Alabama · 1917
38 more not listed; retrieve them via the Exa API.