Atlanta & Birmingham Air Line Railway v. Wheeler
Supreme Court of Alabama
Appeal from Anniston City Court. Heard before Hon. Ti-iomas W. Coleman, Je. Action by Maude Wheeler against the Atlanta & Birmingham Air Line Railway. From a judgment for plaintiff, defendant appeals. Action for damages for personal injuries received while a passenger. Judgment for plaintiff in the sum of $880. The original complaint contained five counts.
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Appeal from Anniston City Court. Heard before Hon. Ti-iomas W. Coleman, Je. Action by Maude Wheeler against the Atlanta & Birmingham Air Line Railway. From a judgment for plaintiff, defendant appeals. Action for damages for personal injuries received while a passenger. Judgment for plaintiff in the sum of $880. The original complaint contained five counts. The negligence alleged in the first count was that the agents or servants of defendant placed a footstool at the bottom of the steps of the passenger car for the use of passengers in getting off, which was insecurely placed upon the ground,…
1Opinion of the CourtAnderson, J.
The question asked the plaintiff, when a witness, in reference to her position on the car step, when about to step on the stool and when she discovered the condition of said stool, did not call for a conclusion and sought relevant evidence, as the reply would aid the jury in determining whether or not she was guilty of negligence in stepping upon the stool after discovering its condition; that is, whether or not she made the discovery in time to check her descent. It may be that a part of her answer went beyond a legitimate response to the question, and that the witness volunteered a…
2Cases cited4 opinions
- Alabama Consolidated Coal & Iron Co. v. HealdSupreme Court of Alabama · 1908
- Louisville & Nashville Railroad v. WoodsSupreme Court of Alabama · 1894
- Nashville, C. & St. L. Ry v. HillSupreme Court of Alabama · 1906
- City Council of Sheffield v. HarrisSupreme Court of Alabama · 1896
3Cited by13 opinions
- Alabama Consolidated Coal & Iron Co. v. HealdSupreme Court of Alabama · 1910
- Hagenauer v. Detroit Copper Mining Co.Arizona Supreme Court · 1912
- Conway v. RobinsonSupreme Court of Alabama · 1927
- Central of Georgia Railway Co. v. StephensonSupreme Court of Alabama · 1914
- Williams v. StateAlabama Court of Appeals · 1912
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