Louisville & Nashville Railroad v. Lee
Supreme Court of Alabama
Appeal from Escambia Circuit Court. Tried before Hon. John P. Hubbard. This was an action by Nancy C. Lee, against tbe Louisville & Nashville Bailroad Company, to recover damages for personal injuries, caused by alleged negligence on the part of the defendant. Among the charges requested by the defendant, was the general affirmative charge in its favor. cited R. R. Co. v. Smith, 92 Ala; 237 ; Am.' & Eng.
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Appeal from Escambia Circuit Court. Tried before Hon. John P. Hubbard. This was an action by Nancy C. Lee, against tbe Louisville & Nashville Bailroad Company, to recover damages for personal injuries, caused by alleged negligence on the part of the defendant. Among the charges requested by the defendant, was the general affirmative charge in its favor. cited R. R. Co. v. Smith, 92 Ala; 237 ; Am.' & Eng. B. B. Cas. 520; 30 Jb. 612 ; 28 lb. 220 ; Strauss v. R. R., 86 Mo. 170; Central R. R. v. Letcher, 69 Ala. 106; Class v. M. cited, R. R. v. Miles, 88 Ala. 256; R. R. v. Stewart, 91 Ala. 421; 2…
1Opinion of the CourtHabalson, J.
— The plaintiff’s own evidence establishes her contributory negligénce to the injury she received.
Without any warning to the conductor or other employe of the Bailroad Company, that she had not gotten off tíre train, at her destination, and had not had time to do so, she attempted and did alight, — because, as she said, “she did not want to be carried by Brewton,” — at a time, when she did not know, as she admits, how fast the train was moving, but when, it seems, it was fast enough to do her the damage of which she complains. Common prudence would have dicta*326tecl to her, to remain aboard,…
2Cases cited3 opinions
- Central Railroad & Banking Co. v. LetcherSupreme Court of Alabama · 1881
- Birmingham Union Railway Co. v. SmithSupreme Court of Alabama · 1890
- South & North Alabama Railroad v. SchauflerSupreme Court of Alabama · 1883
3Cited by6 opinions
- Patterson v. MilliganAlabama Court of Appeals · 1914
- Southern Railway Co. v. MorganSupreme Court of Alabama · 1911
- Republic Iron & Steel Co. v. SmithSupreme Court of Alabama · 1920
- Central of Georgia Ry. Co. v. MathisAlabama Court of Appeals · 1913
- Nashville, Chattanooga & St. L. Ry. Co. v. CaseyAlabama Court of Appeals · 1911
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