Thompson v. Duncan
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. ¥m. E. Clarke. This action was brought by Joseph W. Thompson, against William B. Duncan, receiver and trustee of the Mobile & Ohio railroad, who was operating said road under the appointment of the United States Circuit Court at Mobile, to recover damages for personal in juries sustained by plaintiff, by being thrown violently to the ground, from and through the open door of a “ caboose car,” in which he was a…
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Appeal from the Circuit Court of Mobile. Tried before the Hon. ¥m. E. Clarke. This action was brought by Joseph W. Thompson, against William B. Duncan, receiver and trustee of the Mobile & Ohio railroad, who was operating said road under the appointment of the United States Circuit Court at Mobile, to recover damages for personal in juries sustained by plaintiff, by being thrown violently to the ground, from and through the open door of a “ caboose car,” in which he was a passenger from Mobile to Whistler, a station about five miles distant from the city. The defendant pleaded the general…
1Opinion of the CourtStone, C. J.
— We can not say there was no evidence in this case tending to show contributory negligence on the part of the plaintiff. Hence we hold the Circuit Court was justified in submitting that question to the jury.
The first and second charges asked by plaintiff were rightly refused. They ignored the question of contributory negligence, upon which there was some testimony. Nor do we think the third charge of plaintiff should have been given. It is not shown any officer or employee of the railroad had any knowledge that plaintiff had taken a dangerous position in the “ caboose,” nor indeed is it…
2Cases cited1 opinion
- Indianapolis & St. Louis Railroad v. HorstSupreme Court of the United States · 1876
3Cited by29 opinions
- Kansas City, Memphis & Birmingham Railroad v. CrockerSupreme Court of Alabama · 1891
- Central of Georgia Ry. Co. v. HyattSupreme Court of Alabama · 1907
- Mobile & Birmingham Railway Co. v. HolbornSupreme Court of Alabama · 1887
- Columbus & Western Railway Co. v. BradfordSupreme Court of Alabama · 1888
- Alabama Fertilizer Co. v. Reynolds & LeeSupreme Court of Alabama · 1885
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