Gadsden & Attalla Union Railway Co. v. Causler
Supreme Court of Alabama
Appeal from the City Court of Gadsden. Tried before Hon. John H. Disque. Thomas H. Causler brought this action against the Gadsden & Attalla Union Bailway Company to recover damages for personal injuries. The second charge is copied in the opinion.
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Appeal from the City Court of Gadsden. Tried before Hon. John H. Disque. Thomas H. Causler brought this action against the Gadsden & Attalla Union Bailway Company to recover damages for personal injuries. The second charge is copied in the opinion. Two others to which exceptions were also taken are as follows : “The court charges the jury that prohibiting passengers from riding on the platform of trains is a reasonable regulation; and if Causler violated that regulation, and rode on the platform, and without such riding on the platform, Causler would not have been injured, then in that event,…
1Opinion of the Court
STONE, O. J.
— We do not think the fact that Causler, the plaintiff, had been riding on the platform of the car, should exert any influence in the consideration of this case, for several reasons : First. He had left the platform and was standing on the ground, when the train was backed which caused the injury. The injury was not at all dependent on the place from which he had come.. Second: Although his being on the platform was one of the attending conditions, without which he probably would not have been able to leave the train during its very short stop, yet there was no causal connection,…
2Cases cited13 opinions
- Tanner's v. Louisville & Nashville RailroadSupreme Court of Alabama · 1877
- Ala. Great Southern R. R. v. HillSupreme Court of Alabama · 1890
- Louisville & Nashville Railroad v. JonesSupreme Court of Alabama · 1887
- Leach, Harrison & Forwood v. BushSupreme Court of Alabama · 1876
- Montgomery & Eufaula Railway Co. v. MalletteSupreme Court of Alabama · 1890
8 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- B'ham Ry. L. & P. Co. v. BarrettSupreme Court of Alabama · 1912
- Williams v. Woodward Iron Co.Supreme Court of Alabama · 1894
- Southern Railway Co. v. BurgessSupreme Court of Alabama · 1904
- Birmingham Electric Co. v. ShephardSupreme Court of Alabama · 1926
- Birmingham Railway Light & Power Co. v. BarrettAlabama Court of Appeals · 1912
5 more not listed; retrieve them via the Exa API.