Legal Opinion

East Tenn., Va. & Ga. Railroad v. Watson

Supreme Court of Alabama

Decided November 15, 1891PublishedCited by 6 opinions

Appeal from the City Court of Anniston. Tried before the Hon. B. E. Cassady. This action was brought by Iverson E. Watson against the appellant corporation, to recover damages for personal injuries received by plaintiff, while a passenger on one of defendant’s trains, at Oxanna, a regular station on the railroad. The material facts of the case appear in the opinion delivered on the former appeal (92 Ala. 320-26), and the opinion on this appeal.

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Appeal from the City Court of Anniston. Tried before the Hon. B. E. Cassady. This action was brought by Iverson E. Watson against the appellant corporation, to recover damages for personal injuries received by plaintiff, while a passenger on one of defendant’s trains, at Oxanna, a regular station on the railroad. The material facts of the case appear in the opinion delivered on the former appeal (92 Ala. 320-26), and the opinion on this appeal. The case being submitted to the decision of the court without a jury, the court rendered judgment for the plaintiff, for $400 damages; and this…

1Opinion of the CourtStone, C. J.

— This is the second appeal in this case.— Watson v. E. T., Va. & Ga. R. R. Co., 8 So. Rep. 770; 92 Ala. 320.

The opinion on the former appeal gives a full description of the platform on which the injury was suffered, together with its surroundings, by whom it was erected, its use, and everything connected with it, as disclosed in the record then presented. It also states how the injury was sustained, and the extent of it. We will not repeat what is there shown.

In the record before us the following additional facts are presented. The railroad’s right of way at that place extends each way fifty…

2Cases cited5 opinions

  1. Beck v. . CarterNew York Court of Appeals · 1877
  2. South & North Ala. Railroad v. McLendonSupreme Court of Alabama · 1879
  3. Montgomery & Eufaula Railway Co. v. ThompsonSupreme Court of Alabama · 1884
  4. Graves v. ThomasIndiana Supreme Court · 1884
  5. Watson v. Oxanna Land Co.Supreme Court of Alabama · 1890

3Cited by6 opinions

  1. Alabama Consolidated Coal & Iron Co. v. HealdSupreme Court of Alabama · 1910
  2. Alabama Great Southern Railway Co. v. GodfreySupreme Court of Alabama · 1908
  3. Cotant v. Boone Suburban Railway Co.Supreme Court of Iowa · 1904
  4. Scheuerman v. ScharfenberghSupreme Court of Alabama · 1909
  5. Schlessinger v. Manhattan Railway Co.Appellate Terms of the Supreme Court of New York · 1906

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