Mobile, Jackson & Kansas City R. R. v. Smith
Supreme Court of Alabama
Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Action by Callie Y. Smith against the Mobile, Jackson & Kansas City Railroad Company. From a judgment for plaintiff, defendant appeals. Action by Callie Y. Smith against the Mobile, Jackson & Kansas City Railroad Company for damages. The nature and character of the action and the tendencies of the evidence are sufficiently stated in the opinion of the court.
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Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Action by Callie Y. Smith against the Mobile, Jackson & Kansas City Railroad Company. From a judgment for plaintiff, defendant appeals. Action by Callie Y. Smith against the Mobile, Jackson & Kansas City Railroad Company for damages. The nature and character of the action and the tendencies of the evidence are sufficiently stated in the opinion of the court. In its oral charge the court said, among other things: “If you are reasonably satisfied from all the evidence that this act was wantonly inflicted, as defined by the…
1Opinion of the CourtTyson, C. J.
— At the time plaintiff received her injuries she was occupying, with her husband, by and with the consent of the defendant, as a dwelling, one of its box cars. This oar was located upon a side track of defendant’s road at or near one of its stations. The occu*130pancy of the car by the plaintiff as a dwelling covered a period of time of about six months prior to the occasion of her injury. The testimony tended to show not only that the railroad officials knew of her living in this car, but that its employes who were operating the various trains of defendant over its road also knew it. Indeed,…
2Cases cited8 opinions
- Memphis & Charleston Railroad v. MartinSupreme Court of Alabama · 1897
- Louisville & Nashville Railroad v. WebbSupreme Court of Alabama · 1892
- Haley v. Kansas City, Memphis & Birmingham RailroadSupreme Court of Alabama · 1896
- Highland Avenue & Belt Railroad v. RobbinsSupreme Court of Alabama · 1899
- Alabama Great Southern Railroad v. BurgessSupreme Court of Alabama · 1898
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Birmingham Railway, Light & Power Co. v. DrennenSupreme Court of Alabama · 1911
- Kelite Products, Inc., and R. C. Martin v. Alvin J. Binzel, Jr., Trading as Kelite Products of AlabamaCourt of Appeals for the Fifth Circuit · 1955
- Johnson v. Louisville N. R. Co.Supreme Court of Alabama · 1930
- Mobile Electric Co. v. FritzSupreme Court of Alabama · 1917
- Birmingham Ice & Cold Storage Co. v. AlleySupreme Court of Alabama · 1945
9 more not listed; retrieve them via the Exa API.