Alabama Great Southern Railroad v. McBryar

(After stating the foregoing facts.) The part of the charge quoted above and set apart in brackets is as follows: “I charge you that where a passenger is injured while alighting from a train, by reason of a sudden jerk of the train, without notice to the passenger, the company would be liable for the injury sustained by reason of such sudden jerking.” When immediately followed by the proviso above quoted, the excerpt is not cause for a new trial on the ground that it was argumentative and authorized a recovery even though the plaintiff failed to exercise ordinary care for his own safetjr, for…