Montgomery & Eufaula Railway Co. v. Thompson
Supreme Court of Alabama
Action against Railroad Gojnpanies, for Personal Injuries. Appeal from the Circuit Court of Montgomery. Tried before the Hon. John P. Hubbarp.
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Action against Railroad Gojnpanies, for Personal Injuries. Appeal from the Circuit Court of Montgomery. Tried before the Hon. John P. Hubbarp. This action was brought by T. B. Thompson, against the Montgomery & Eufaula Railway Company, the South & North Alabama Bailro'ad Company, and the Louisville & Nashville Railroad Company, to recover damages for personal injuries sustained by plaintiff on the night of February 1st, 1883, by falling down the steep bluff of the river near the Hnion depot, at the foot of Commerce street in the city of Montgomery ; and was commenced on the 21st May, 1883.…
1Opinion of the Court
STONE, O. J.
The right to have a struck jury, in a case like the present, is secured by the statute to either party who *456demands it. — Code of 1876, § 3018. In the purview of this statute, there are but two parties, the plaintiff and the defendant. The statute has made no express provision for cases where thei’e are more plaintiffs, or more defendants, than one. Each litigating side is regarded as a suit, no matter how many persons may compose it. The right to have such jury, being given by statute, the opposing party can not defeat it, either by divided counsels, or by non-action. The court…
2Cases cited13 opinions
- Nicholson v. . the Erie Railway Co.New York Court of Appeals · 1870
- Pittsburgh, Fort Wayne & Chicago Railway Co. v. BinghamOhio Supreme Court · 1876
- McDonald v. Chicago & N. W. R. R.Supreme Court of Iowa · 1868
- Morrissey v. Eastern RailroadMassachusetts Supreme Judicial Court · 1879
- McKone v. Michigan Central RailroadMichigan Supreme Court · 1883
8 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- Birmingham Amusement Co. v. NorrisSupreme Court of Alabama · 1927
- Alabama Great Southern R. R. v. ArnoldSupreme Court of Alabama · 1887
- Atchison, T. & S. F. Ry. Co. v. CogswellSupreme Court of Oklahoma · 1909
- Frazer v. South & North Ala. R. R.Supreme Court of Alabama · 1886
- Banderob v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1907
43 more not listed; retrieve them via the Exa API.