Central of Georgia Ry. Co. v. Bagley
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. H. A. Si-iarpe. Action by Mrs. W. W. Bagley against the Central of Georgia Railway Company for injury to her as a passenger. From a judgment for plaintiff, defendant appeals.
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Appeal from Birmingham City Court. Heard before Hon. H. A. Si-iarpe. Action by Mrs. W. W. Bagley against the Central of Georgia Railway Company for injury to her as a passenger. From a judgment for plaintiff, defendant appeals. The second count is as follows: “The plaintiff claims of defendant the further sum of $10,000 as damages, for that heretofore, to wit, on the 28th day of December, 1904, defendant ivas a common carrier of passengers from Woodlawn Junction, in Jefferson county, Alabama, to Columbus, Georgia, by means of a train upon a railway; that on said day plaintiff boarded said…
1Opinion of the CourtDowdell, C. J.
The second count of the complaint, to which a demurrer was interposed and overruled, states a good and sufficient cause of action. The wrong complained of in this count and from which the alleged injury resulted consisted in the averred negligent act of the defendant’s servant, the conductor on “said train,” in requiring the plaintiff, an old and infirm woman, to leave “said train” at a place “highly dangerous” for her to do so. There is a general averment of negligence and facts stated as to the dangers of the place for an old and infirm person to disembark. The complaint we think was…
2Cases cited6 opinions
- Tobias & Co. v. Treist & Co.Supreme Court of Alabama · 1893
- L. & N. R. R. v. Johnson Admx.Supreme Court of Alabama · 1895
- Terry v. Allen Bros.Supreme Court of Alabama · 1902
- Rabitte v. Alabama Great Southern Ry. Co.Supreme Court of Alabama · 1908
- Sloss-Sheffield Steel & Iron Co. v. HouseSupreme Court of Alabama · 1908
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Alabama Great Southern Railroad Co. v. BishopSupreme Court of Alabama · 1956
- Green v. StateSupreme Court of Alabama · 1939
- Motor Terminal & Transportation Co. v. MillicanSupreme Court of Alabama · 1943
- Louisville & Nashville Railroad v. HadleyCourt of Appeals of Tennessee · 1930
- Birmingham Electric Co. v. MazeSupreme Court of Alabama · 1936
2 more not listed; retrieve them via the Exa API.