Birmingham Union Railway Co. v. Smith
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried before the Hon. James B. Head. This action was brought by Malinda Smith against the ¡appellant, a corporation engaged in operating a line of street railway cars in Birmingham and vicinity, to recover damages ■for personal injuries sustained by plaintiff as she alighted from ■one of the cars, on which she had been riding as a passenger; and was commenced on the 27th August, 1888. The cause was tried on issue joined on the…
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Appeal from the Circuit Court of Jefferson. Tried before the Hon. James B. Head. This action was brought by Malinda Smith against the ¡appellant, a corporation engaged in operating a line of street railway cars in Birmingham and vicinity, to recover damages ■for personal injuries sustained by plaintiff as she alighted from ■one of the cars, on which she had been riding as a passenger; and was commenced on the 27th August, 1888. The cause was tried on issue joined on the pleas of not guilty and con'tributory negligence, and resulted in a verdict for plaintiff, for $1,000. The facts of the…
1Opinion of the CourtMcOLELLAN, J.
The exceptions reserved go to the action of the trial court in refusing to give five charges requested by the defendant below. Of these the first, second and third were abstract. We find no evidence in the record tending to show “that the moment the plaintiff started to get off the car was simultaneous with the starting of the car,” or “that the oar was in motion when the plaintiff attempted to get off the car;” and these are the facts upon which these charges based defendant’s right to a verdict. On the contrary, plaintiff’s evidence tended to show that the car was standing still when she…
2Cases cited6 opinions
- North Birmingham Street Railway Co. v. CalderwoodSupreme Court of Alabama · 1889
- Nichols v. . Sixth Avenue R.R. Co.New York Court of Appeals · 1868
- State v. PorterSupreme Court of Missouri · 1881
- Poulin v. . Broadway and Seventh Avenue Railroad CompanyNew York Court of Appeals · 1874
- Straus v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Choctaw, O. G. R. Co. v. BurgessSupreme Court of Oklahoma · 1908
- Birmingham Railway & Electric Co. v. WildmanSupreme Court of Alabama · 1898
- Southern Railway Co. v. BurgessSupreme Court of Alabama · 1904
- Highland Avenue & Belt Railroad v. BurtSupreme Court of Alabama · 1890
- Anderson v. Citizens' Street RailroadIndiana Court of Appeals · 1894
22 more not listed; retrieve them via the Exa API.