Chewning v. Ensley Railway Co.
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This was an action'brought by the appellant against the appellee to recover damages for permanent, injuries to the plaintiff, who was a passenger waiting for the train on the defendant’s road, at a regular stopping place, when the injury was inflicted. There was judgment for the defendant, and plaintiff appeals.
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Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This was an action'brought by the appellant against the appellee to recover damages for permanent, injuries to the plaintiff, who was a passenger waiting for the train on the defendant’s road, at a regular stopping place, when the injury was inflicted. There was judgment for the defendant, and plaintiff appeals. This is the second appeal in this case, and the facts are substantially the same as disclosed in the former report found in the 93 Ala. 24. The particulars in which the facts on the second trial differ from…
1Opinion of the CourtColeman, J.
Nearly every material question presented by the present record ivas adjudicated on a former appeal of the case.—Ensley Railway Company v. Chewning, 93 Ala. 24. Upon the facts presented, this court then held, that as a matter of law the plaintiff was guilty of contributory negligence. On the last trial, from which this appeal is prosecuted, the trial court charged the jury as a matter of law, that plaintiff was guilty of contributory negligence, and the correctness of this charge involves the material question at issue. All the evidence upon this aspect of the case, except that given by…
2Cases cited7 opinions
- Ga. Pacific Railway Co. v. LeeSupreme Court of Alabama · 1890
- Ala. Great Southern R. R. v. HillSupreme Court of Alabama · 1890
- Louisville & Nashville Railroad v. HallSupreme Court of Alabama · 1888
- Louisville & Nashville Railroad v. WebbSupreme Court of Alabama · 1892
- Ensley Railway Co. v. ChewningSupreme Court of Alabama · 1890
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