Louisville & Nashville R. R. v. Seale
Supreme Court of Alabama
Injury to Passenger. Appeal from Shelby Circuit Court. Heard before Hon. John Pelham. Action by Delia S'eale, a passenger, against the Louisville & Nashville Bailroad Company, for damages resulting to her from being carried beyond her destination. Judgment for plaintiff, and defendant appeals. The facts and the exceptions to the admission and rejection of testimony sufficiently appear from the opinion.
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Injury to Passenger. Appeal from Shelby Circuit Court. Heard before Hon. John Pelham. Action by Delia S'eale, a passenger, against the Louisville & Nashville Bailroad Company, for damages resulting to her from being carried beyond her destination. Judgment for plaintiff, and defendant appeals. The facts and the exceptions to the admission and rejection of testimony sufficiently appear from the opinion. The following charges were refused to the defendant: (B) “The court charges the jury that if you believe from, the evidence that the plaintiff refused to go on to Spring Junction when the…
1Opinion of the Court
SIMPSON, J
This case ivas before this court at a previous term, and was fully reported. — See L. & N. R. R. Co. v. Seale, 160 Ala. 584, 49 South. 323.
*484. The testimony on this trial is substantially the same as on the former trial, except that on this trial the plaintiff testifies that, when she made the motion with her hand to the conductor, he was looking at her. It is true that she stated that at the time when the conductor came into the car and was talking with the lady the train had already passed Dean’s Station, but there is a conflict on this point, the testimony of the conductor and the…
2Cases cited6 opinions
- Manistee Mill Co. v. HobdySupreme Court of Alabama · 1909
- Central of Georgia Railway Co. v. BarnettSupreme Court of Alabama · 1907
- Hutto v. Walker CountySupreme Court of Alabama · 1913
- Louisville & Nashville Railroad v. PerkinsSupreme Court of Alabama · 1910
- Louisville & Nashville Railroad v. SealeSupreme Court of Alabama · 1909
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3Cited by5 opinions
- Birmingham R. L. & P. Co. v. SaxonSupreme Court of Alabama · 1912
- Central of Georgia Ry. Co. v. BarnitzAlabama Court of Appeals · 1916
- Louisville & Nashville Railroad v. FuquaSupreme Court of Alabama · 1914
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. BoysIndiana Court of Appeals · 1919
- Central of Georgia Ry. Co. v. BarnitzAlabama Court of Appeals · 1916