Southern Railway Co. v. Hundley
Supreme Court of Alabama
Appeal from Limestone Circuit Court. Heard before Hon. D. W. Speaks. Action by Agnes Hundley against the Southern Railway Company. Judgment for plaintiff. Defendant appeals.
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Appeal from Limestone Circuit Court. Heard before Hon. D. W. Speaks. Action by Agnes Hundley against the Southern Railway Company. Judgment for plaintiff. Defendant appeals. The complaint alleges, in substance, that defendant was operating a railroad between certain points named, and that the plaintiff bad been accepted as a passenger to one of said points; that when said train approached said point, blew for the station, and began to slow down, one of the trainmen, an agent or servant of the defendant, announced and proclaimed within the bearing of the plaintiff the station, the destination…
1Opinion of the CourtAndebson, J.
The complaint was not subject to ■the demurrers interposed, which were properly overruled by the trial court. Pleas 2, 3, 4, 5, and 6, as amended, were subject to the demurrers, which were properly sustained.
The trial court erred in sustaining the demurrer to the seventh plea. It was a question for the jury as to whether or not it was dangerous for the plaintiff to have gone upon the steps without holding the rail, as the plea avers that the train was going too fast for her to attempt to alight therefrom, that if she had held to the rail she would not have fallen when the train jerked, and…
2Cases cited6 opinions
- Joseph v. CawthornSupreme Court of Alabama · 1883
- Minniece v. JeterSupreme Court of Alabama · 1880
- Oxford Iron Co. v. SpradleySupreme Court of Alabama · 1871
- Walker v. StateSupreme Court of Alabama · 1894
- Zealy v. Birmingham Railway & Electric Co.Supreme Court of Alabama · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Alabama Great Southern Railroad v. McWhorterSupreme Court of Alabama · 1908
- George D. Witt Shoe Co. v. MillsSupreme Court of Alabama · 1932
- Woodmen of the World v. MaynorSupreme Court of Alabama · 1921
- Evans v. Alabama-Georgia Syrup Co.Supreme Court of Alabama · 1911
- Burke v. Curtis Aeroplane Motor Co.Supreme Court of Alabama · 1920
5 more not listed; retrieve them via the Exa API.