Southern Ry. Co. v. Morgan
Supreme Court of Alabama
Appeal from Jackson Circuit Court. Heard before Hon. W. W. Haralson. Action by W. C. Morgan against the Southern Railway Company for damages sustained while a passenger. Judgment for plaintiff, and defendant appeals. For the facts in this case, see former appeal, 5á South. 626, together with the statement made in the opinion.
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Appeal from Jackson Circuit Court. Heard before Hon. W. W. Haralson. Action by W. C. Morgan against the Southern Railway Company for damages sustained while a passenger. Judgment for plaintiff, and defendant appeals. For the facts in this case, see former appeal, 5á South. 626, together with the statement made in the opinion. The following charges were refused the defendant: (A) “As a matter of law, it is negligence to alight from, a moving train at right angles to the direction in which the train is moving.” (B) “If the jury believe from the evidence that the plaintiff, Morgan, stepped off…
1Opinion of the CourtMcCLELLAN, J.
— Action by a passenger (appellee) against the carrier for personal injuries.
Since there is an extended statement of the circumstances attending the event, from the viewpoint of both the litigants, on the former appeal of this case, there is no necessity to . reiterate. — Southern Railway Co. v. Morgan, 171 Ala. 294, 54 South. 626. We ruled on that appeal that there was error in not awarding a new trial upon the issue of contributory negligence of the plaintiff. We held, in substance, that the evidence strongly preponderated in favor of the view that the plaintiff contributed to his own…
2Cases cited6 opinions
- Cobb v. MaloneSupreme Court of Alabama · 1890
- Kansas City, Memphis & Birmingham Railway Co. v. MatthewsSupreme Court of Alabama · 1904
- Dilburn v. L. & N. R. R.Supreme Court of Alabama · 1908
- Southern Railway Co. v. MorganSupreme Court of Alabama · 1911
- Birmingham Railway Light & Power Co. v. HardenSupreme Court of Alabama · 1908
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Nashville, Chattanooga & St. Louis Railway v. CrosbySupreme Court of Alabama · 1915
- Long v. Bankers Life and Casualty CompanySupreme Court of Alabama · 1975
- New York Life Ins. Co. v. TurnerSupreme Court of Alabama · 1925
- Garmon v. King Coal Co., Inc.Supreme Court of Alabama · 1981
- St. Louis & S. F. Ry. Co. v. MillsSupreme Court of Alabama · 1929
1 more not listed; retrieve them via the Exa API.