Gothard v. Alabama Great Southern R. R.
Supreme Court of Alabama
Action against Railroad Company to Recover Damages for Personal Injury, Appeal from Jefferson" Circuit Court. Tried before Hon. W. S. Mudd. On November 1st, 1878, Perry Gothard, driving his wagon along the most frequented street in the city of Birmingham, Ala., where the municipal ordinances prohibit tbe running of trains at a rate of speed greater than six miles per hour, came to a place where four railroad tracks which ran parallel to each other crossed tbe highway.
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Action against Railroad Company to Recover Damages for Personal Injury, Appeal from Jefferson" Circuit Court. Tried before Hon. W. S. Mudd. On November 1st, 1878, Perry Gothard, driving his wagon along the most frequented street in the city of Birmingham, Ala., where the municipal ordinances prohibit tbe running of trains at a rate of speed greater than six miles per hour, came to a place where four railroad tracks which ran parallel to each other crossed tbe highway. As be approached there was a train backing along one of these tracks, which belonged to the South and North Ala. B. E. Co. He…
1Opinion of the CourtSomerville, J.
— In every action for damages, where the defense of contributory negligence arises, the question always to be determined is, whether the negligence of the plaintiff contributed proximately to the injury of which he complains. It is not essential that he should have been the cause of the injury. It is sufficient to defeat a recovery, if the plaintiff could have avoided the injury by the exercise of reasonable or ordinary care and prudence, unless, perhaps, in those cases where the misconduct of the defendant, which produces the injury, is wanton, reckless or intentional. Shearman & Redf. on…
2Cases cited12 opinions
- Illinois Central Railroad v. GodfreyIllinois Supreme Court · 1874
- Tanner's v. Louisville & Nashville RailroadSupreme Court of Alabama · 1877
- Illinois Central Railroad v. HetheringtonIllinois Supreme Court · 1876
- Bellefontaine Railway Co. v. HunterIndiana Supreme Court · 1870
- Correll v. B. C. R. & M. R. R. Co.Supreme Court of Iowa · 1874
7 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Ga. Pacific Railway Co. v. LeeSupreme Court of Alabama · 1890
- Memphis & Charleston Railroad v. MartinSupreme Court of Alabama · 1897
- Alabama Great Soiitliern Railroad v. HawkSupreme Court of Alabama · 1882
- Memphis & Charleston Railroad v. WomackSupreme Court of Alabama · 1887
- Wilkinson v. Oregon Short Line RailroadUtah Supreme Court · 1909
27 more not listed; retrieve them via the Exa API.