Alabama Great Southern Railway Co. v. Godfrey
Supreme Court of Alabama
Appeal from Sumter Circuit Court. Heard before Hon. S1. H. Sprott. Action by Ernest B. Godfrey, as a passenger against the Alabama Great Southern Railroad Company for personal injuries alleged to have been caused by the unsafe condition of. a pass way along defendant’s right of way along which he was travelling in the night time, after having been discharged as a passenger at defendant’s depot. There was judgment for plaintiff and defendant appeals.
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Appeal from Sumter Circuit Court. Heard before Hon. S1. H. Sprott. Action by Ernest B. Godfrey, as a passenger against the Alabama Great Southern Railroad Company for personal injuries alleged to have been caused by the unsafe condition of. a pass way along defendant’s right of way along which he was travelling in the night time, after having been discharged as a passenger at defendant’s depot. There was judgment for plaintiff and defendant appeals. The court should have given the affirmative charge in this case for appellant. — M. & G. B. B. Go. v. Lyon, 62 Ala. 74; A. G. 8. B. B. Go. v.…
1Opinion of the CourtHabalson, J.
The trial in the court below was had upon the first and fourth counts of the complaint as amended, and the case as stated by these, counts was substantially as follows:
*206Plaintiff had been carried as a passenger on one of defendant’s trains to Epes, Alabama, where he alighted in the night time, and while passing from the depot along a much-traveled pathway leading therefrom, and Achile near to the depot, he fell from said patiiAvay into a ditch and was thereby seriously injured; that said pathway where plaintiff fell, Avas on defendant’s premises and was habitually used, Avith defendant’s…
2Cases cited13 opinions
- Ensley Railway Co. v. ChewningSupreme Court of Alabama · 1890
- Memphis & Charleston Railroad v. WomackSupreme Court of Alabama · 1887
- Montgomery & Eufaula Railway Co. v. ThompsonSupreme Court of Alabama · 1884
- Savannah & Western Railroad v. MeadorsSupreme Court of Alabama · 1891
- Sturgis v. Detroit, Grand Haven & Milwaukee Railway Co.Michigan Supreme Court · 1888
8 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- So. Ry. Co. v. StewartSupreme Court of Alabama · 1912
- B'ham Ry. L. & P. Co. v. CockrumSupreme Court of Alabama · 1912
- Lawrence v. Kaul Lumber Co.Supreme Court of Alabama · 1911
- Mudd v. GraySupreme Court of Alabama · 1917
- Prudential Ins. Co. of America v. ZeidlerSupreme Court of Alabama · 1936
21 more not listed; retrieve them via the Exa API.