Seaboard Air Line Ry. Co. v. Emfinger
Alabama Court of Appeals
Appeal from Circuit Court, Montgomery County; W. W. Pearson, Judge. Action by J. W. Emfinger against the Seaboard Air Line Railway Company for damages. Judgment for plaintiff, and defendant appeals. The following are the assignments of error referred, to: (2) Objection by defendant to the opening statement of plaintiff’s counsel to the jury that plaintiff expected to show, among other things, that the railroad company did not have anybody at the crossing to warn plaintiff.
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Appeal from Circuit Court, Montgomery County; W. W. Pearson, Judge. Action by J. W. Emfinger against the Seaboard Air Line Railway Company for damages. Judgment for plaintiff, and defendant appeals. The following are the assignments of error referred, to: (2) Objection by defendant to the opening statement of plaintiff’s counsel to the jury that plaintiff expected to show, among other things, that the railroad company did not have anybody at the crossing to warn plaintiff. (3) Objection to the following statement of plaintiff’s counsel, in the opening of the case, that plaintiff expected to…
1Opinion of the Court
Appellee sued for injuries to his person, sustained by his being struck by a team of mules, which had been frightened by a locomotive operated by defendant across a public street in the city of Montgomery. The case was tried on one count, which alleged the business of the defendant, that one of its tracks ran across a highway, the presence of plaintiff on the highway near the crossing, and "then and there the defendant so negligently conducted its said business that by reason thereof and as a proximate result and consequence thereof a team attached to a vehicle in said highway, from which…
2Cases cited13 opinions
- Armstrong v. Montgomery Street Railway Co.Supreme Court of Alabama · 1898
- Louisville & Nashville Railroad v. Marbury Lumber Co.Supreme Court of Alabama · 1899
- Tennessee Coal, Iron & R. R. v. SmithSupreme Court of Alabama · 1911
- Woodward Iron Co. v. MarbutSupreme Court of Alabama · 1913
- Central of Georgia Railway Co. v. BarnettSupreme Court of Alabama · 1907
8 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Atlantic Coast Line R. Co. v. KellyAlabama Court of Appeals · 1918
- City of Birmingham v. KircusAlabama Court of Appeals · 1924
- Louisville N. R. Co. v. AbercrombieAlabama Court of Appeals · 1919
- Atlantic Coast Line R. Co. v. McLendonAlabama Court of Appeals · 1922
- Seaboard Air Line Ry. Co. v. EmfingerSupreme Court of Alabama · 1917