Central of Georgia Ry. Co. v. Brown
Supreme Court of Alabama
Action for Injury to Passenger. Appeal from Birmingham City Court. Heard before Hon. H. A. St-iarpe. Action by Miles Brown against the Central of Georgia Railway Company, for damages for injuries received while a passenger. Judgment for plaintiff and defendant appeals.
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Action for Injury to Passenger. Appeal from Birmingham City Court. Heard before Hon. H. A. St-iarpe. Action by Miles Brown against the Central of Georgia Railway Company, for damages for injuries received while a passenger. Judgment for plaintiff and defendant appeals. From the facts in this case the burden was on the plaintiff to prove negligence, and the rule that on proof of injury the burden is cast upon the carrier to acquit itself of negligence, has no application. — Bir. H. R. R. Go-, v. Hails, 90 Ala. 8; McDonald v. Mont. 8t. Ry. Go., 110 Ala. 161; M. & E. R. R. Go. v. Mulett, 92 Ala.…
1Opinion of the CourtSayre, J.
— Plaintiff sited as a passenger. The case was tried on the general issue, there being no plea of contributory negligence. Plaintiff was standing upon the platform of the moving train, and, according to his version of what happened, he had just released his hold upon the railing, and turned to go into the door, when a lurch of the car as it moved around a curve caused him to fall to the ground, with the result that he received the injuries complained of. It does not appear that there was anything out of the ordinary in the operation of the train, or that it was operated in a way which could…
2Cases cited5 opinions
- Cobb v. MaloneSupreme Court of Alabama · 1890
- Dougherty v. Missouri RailroadSupreme Court of Missouri · 1884
- Louisville & Nashville Railroad v. JonesSupreme Court of Alabama · 1887
- Montgomery & Eufaula Railway Co. v. MalletteSupreme Court of Alabama · 1890
- Geo. Pacific Railway Co. v. LoveSupreme Court of Alabama · 1890
3Cited by14 opinions
- Nashville, Chattanooga & St. Louis Railway v. CrosbySupreme Court of Alabama · 1915
- Southeastern Greyhound Lines v. CallahanSupreme Court of Alabama · 1943
- White Swan Laundry Co. v. WehrhanSupreme Court of Alabama · 1918
- Cannon v. Louisville N. R. Co.Supreme Court of Alabama · 1949
- Central of Georgia R. Co. v. RobertsonSupreme Court of Alabama · 1919
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