McElvane v. Central of Ga. R. R. Co.
Supreme Court of Alabama
Appeal from Geneva Circuit Court. Heard before Hon.' Mike Solly. Action by G. B. McElvane against the Central of Georgia Railway Company for damages for injuries received while alighting from one of its passenger trains. Judgment for the defendant, and plaintiff appeals. A person going on a train to meet a passenger or to assist a passenger to alight or to board the train is not a trespasser. — So.
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Appeal from Geneva Circuit Court. Heard before Hon.' Mike Solly. Action by G. B. McElvane against the Central of Georgia Railway Company for damages for injuries received while alighting from one of its passenger trains. Judgment for the defendant, and plaintiff appeals. A person going on a train to meet a passenger or to assist a passenger to alight or to board the train is not a trespasser. — So. Ry. v. Patterson, 148 Ala. 78. A person going upon a standing train at a station to converse with a passenger is not a trespasser. — Letcher v. Central R. Ri & B. C.j 69 Ala. 108; 2 R. & M. Digest…
1Opinion of the CourtDowdell, C. J.
The plaintiff, appellant here, sues to recover damages for injuries sustained while attempting to alight from a moving train of the defendant. The complaint as originally filed contained three counts, to which was added a fourth count by way of amendment. To each of these counts a demurrer was interposed by the defendant and sustained by the court, and, upon failure of the plaintiff to plead further, a judgment was rendered in favor of the defend*527ant, and from which the present appeal is prosecuted.
At the time of plaintiff’s injury he was confessedly not a passenger, nor was he assisting a…
2Cases cited3 opinions
- Memphis & Charleston Railroad v. CopelandSupreme Court of Alabama · 1878
- Central Railroad & Banking Co. v. LetcherSupreme Court of Alabama · 1881
- So. Ry. Co. v. PattersonSupreme Court of Alabama · 1906
3Cited by9 opinions
- Central of Ga. Ry. Co. v. ChambersSupreme Court of Alabama · 1912
- Sims v. WarrenSupreme Court of Alabama · 1946
- Leon v. Chicago, Burlington & Quincy RailroadNebraska Supreme Court · 1918
- Hyde v. Atlanta & West Point RailroadCourt of Appeals of Georgia · 1933
- Whaley v. Louisville & Nashville R. R.Supreme Court of Alabama · 1914
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