Birmingham Railway & Electric Co. v. Wildman
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Tried before Hon. Jas. J. Banks. This shit was brought on October 26, 1896. The plaintiff testified that the injury occurred Sept. 3, 1896. The court at the request of the plaintiff gave the jury the following written charges: (1.) “It is a duty of the conductor of a street car operated by electricity when his car has been stopped for passengers to alight, to see and know that no passenger is in- the act of alighting, or is otherwise in a…
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Appeal from Jefferson Circuit Court. Tried before Hon. Jas. J. Banks. This shit was brought on October 26, 1896. The plaintiff testified that the injury occurred Sept. 3, 1896. The court at the request of the plaintiff gave the jury the following written charges: (1.) “It is a duty of the conductor of a street car operated by electricity when his car has been stopped for passengers to alight, to see and know that no passenger is in- the act of alighting, or is otherwise in a position which should be rendered perilous by the motion of the car, when he again puts the car in motion.” (2.)…
1Opinion of the CourtBrickell, C. J.
Appellee sued to recover dam'ages for injuries alleged to have been received while a passenger on an electric car operated by appellant, through the negligence of the persons in charge of the car in suddenly starting it while he was in the act of alighting from the front platform. There were no witnesses to the accident, which occurred about eight o’clock on the evening of September 2, 1896, at East TToodlawn, and plaintiff was the only witness who testified in his behalf. The defendant introduced all the conductors and mo tormén who operated cars on that route on the evening of September 2d,…
2Cases cited4 opinions
- Cross v. StateSupreme Court of Alabama · 1881
- Birmingham Union Railway Co. v. SmithSupreme Court of Alabama · 1890
- Bigler v. ReyherIndiana Supreme Court · 1873
- Hemenway v. SmithSupreme Court of Vermont · 1856
3Cited by27 opinions
- City & County of San Francisco v. Superior CourtCalifornia Supreme Court · 1951
- United States v. John David WoodallCourt of Appeals for the Fifth Circuit · 1971
- Martin v. StateSupreme Court of Alabama · 1899
- Smith v. BaggettSupreme Court of Alabama · 1928
- Metropolitan Life Insurance v. LyonsIndiana Court of Appeals · 1912
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