Central of Georgia Ry. Co. v. Jones
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. John C. Pugh. Action by Mollie Jones against the Central of Georgia Railway Company for damages for injuries in a crossing accident. Judgment for plaintiff, and defendant appeals.
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Appeal from Birmingham City Court. Heard before Hon. John C. Pugh. Action by Mollie Jones against the Central of Georgia Railway Company for damages for injuries in a crossing accident. Judgment for plaintiff, and defendant appeals. The complaint alleges that while crossing the public street crossing, which was crossed by defendant’s railroad track, plaintiff, while a passenger in a vehicle, was run upon, over, or against by an engine operated by defendant, upon its railroad tracks, as a proximate consequence of which she suffered certain injuries, which are set out, and avers the negligence…
1Opinion of the Court
ANDERSON, C. J.(1) “The doctrine is well settled in this and most of the other states, as well as by the federal courts, that the contributory negligence of one in charge of, or control of, a train, car, or other vehicle, cannot be visited upon a person who is a passenger therein, whether for reward or not, unless the person so riding has charge or control of the vehicle; or over the person who is driving or operating same.” — Birmingham & Tuscaloosa Utilities Co. v. Carpenter, 194 Ala. 141, 69 South. 626; L. & N. R. R. Co. v. Calvert, 170 Ala. 565, 54 South. 184; Birmingham R. R. Co. v.…
2Cases cited5 opinions
- Elyton Land Co. v. MingeaSupreme Court of Alabama · 1889
- Birmingham-Tuscaloosa Railway & Utilities Co. v. CarpenterSupreme Court of Alabama · 1915
- Louisville & Nashville R. R. CalvertSupreme Court of Alabama · 1910
- Birmingham Railway & Electric Co. v. BakerSupreme Court of Alabama · 1902
- North Alabama Traction Co. v. ThomasSupreme Court of Alabama · 1909
3Cited by12 opinions
- Morgan Hill Paving Co. v. FonvilleSupreme Court of Alabama · 1928
- Birmingham Southern R. Co. v. HarrisonSupreme Court of Alabama · 1919
- McGeever v. O'ByrneSupreme Court of Alabama · 1919
- Crescent Motor Co. v. StoneSupreme Court of Alabama · 1924
- Cunningham Hardware Co. v. Louisville N. R. Co.Supreme Court of Alabama · 1923
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