Legal Opinion

Alabama City, Gadsden & Attalla Railway Co. v. Bullard

Supreme Court of Alabama

Decided November 19, 1908PublishedCited by 19 opinions

Appeal from Etowah Circuit Court. Heard before Hon. John W. Inzer. Action by J. R. Bullard against tbe Alabama City, Gadsden & Attalla Railway Company for personal injuries received. There was judgment for plaintiff in tbe sum of $700, and defendant appeals. Tbe facts and pleadings sufficiently appear in tbe opinion of tbe court, as do those portions of tbe court’s oral charge to which exception was reserved.

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Appeal from Etowah Circuit Court. Heard before Hon. John W. Inzer. Action by J. R. Bullard against tbe Alabama City, Gadsden & Attalla Railway Company for personal injuries received. There was judgment for plaintiff in tbe sum of $700, and defendant appeals. Tbe facts and pleadings sufficiently appear in tbe opinion of tbe court, as do those portions of tbe court’s oral charge to which exception was reserved. Tbe following charges were refused to tbe defendant: “(22) Tbe court charges tbe jury that a man has no legal right to attempt to board a street car while tbe same is in motion, and if…

1Opinion of the CourtDowdell, J.

— The complaint contained two counts. The first charged willful, wanton, or intentional wrong. The second charged simple negligence. The court gave the general affirmative charge in favor of the defendant as to the first count, and no questions are presented for consideration under this count.

The negligence charged in the second count was that the defendant’s servant caused the car to start with a sudden jerk Avhen the plaintiff Avas in the attempt to board the car as a passenger, thereby throwing the plaintiff to the ground and injuring him. In this connection it is averred in the count that…

2Cases cited1 opinion

  1. Birmingham Railway & Electric Co. v. BowersSupreme Court of Alabama · 1895

3Cited by19 opinions

  1. Sovereign Camp, W. O .W. v. HoomesSupreme Court of Alabama · 1929
  2. Alabama Consolidated Coal & Iron Co. v. HealdSupreme Court of Alabama · 1910
  3. Standifer v. PateSupreme Court of Alabama · 1973
  4. Ivory v. StateSupreme Court of Alabama · 1939
  5. Christopher v. Curtis-Attalla Lumber Co.Supreme Court of Alabama · 1912

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