Legal Opinion

Richmond & Danville Railroad v. Smith

Supreme Court of Alabama

Decided November 15, 1890PublishedCited by 8 opinions

Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This action was brought by the appellee, F. W. Smith, against the appellant corporation,, and sought to recover dam■ages for injuries suffered by the plaintiff, which were caused by the alleged negligence of the defendant. The uncontro verted facts are set out at length in the opinion of this •court.

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Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This action was brought by the appellee, F. W. Smith, against the appellant corporation,, and sought to recover dam■ages for injuries suffered by the plaintiff, which were caused by the alleged negligence of the defendant. The uncontro verted facts are set out at length in the opinion of this •court. The case was tried without the intervention of a jury, and upon the evidence introduced, the court rendered judgment for the plaintiff; and the defendant now brings this appeal. 1. The judgment is ■erroneous, because…

1Opinion of the Court

CLOPTON, ¿I.

In Smith v. Ga. Pac. Railway Co, 88 Ala. 538, the following propositions were declared :■ The announcement of the name of a station, being usually intended to inform the passengers that the train is approaching the point of their destination, so that they may prepare to get off when the train stops, is not, of itself, an invitation to alight; but, if the train is soon thereafter brought to a full stop, a passenger may safely conclude, in the absence of notice, that the train has arrived at the station, and attempt to get off, unless the surroundings and circumstances are such as…

2Cases cited1 opinion

  1. Smith v. Georgia Pacific Railway Co.Supreme Court of Alabama · 1889

3Cited by8 opinions

  1. East Tennessee, Virginia & Georgia Railway v. HolmeSupreme Court of Alabama · 1892
  2. Kentucky & Indiana Bridge Co. v. McKinneyIndiana Court of Appeals · 1894
  3. Wolf v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1907
  4. Farrell v. Great Northern Railway Co.Supreme Court of Minnesota · 1907
  5. Southern Railway Co. v. LollarSupreme Court of Alabama · 1902

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