Central of Georgia Railway Co. v. Partridge
Supreme Court of Alabama
Appeal, from the City Court of Birmingham. Tried before the Hon. W. W. 'Wilkerson. This action was brought by the appellee, Francis M. Partridge, against the appellant, the Central of Georgia Bailway Company, seeking to recover $20,000 damages for personal injuries alleged to have been caused by the negligence of the defendant or its employes. The complaint contained six counts.
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Appeal, from the City Court of Birmingham. Tried before the Hon. W. W. 'Wilkerson. This action was brought by the appellee, Francis M. Partridge, against the appellant, the Central of Georgia Bailway Company, seeking to recover $20,000 damages for personal injuries alleged to have been caused by the negligence of the defendant or its employes. The complaint contained six counts. The court gave the general affirmative charge in favor of the defendant as to the first five counts. The sixth count, after averring that the injury complained was sustained by plaintiff while he was trying to cross…
1Opinion of the CourtHaralson, J.
1. The assignments of error are in the refusal of the court to give general charges for the defendant and one other to be hereafter noticed.
*594There was no ■ error in refusing the general, charges for. defendant. Under the facts of the case, the court was not authorized, as a matter of law, to hold'that the defendant’s servants or employes were not guilty of wantonness or willfulness in inflicting injury on plaintiff.
The crossing at which plaintiff was injured was a public crossing, a right of way over which the public was entitled, as much so as the railroad itself. Whether or not the company…
2Cases cited10 opinions
- Memphis & Charleston Railroad v. MartinSupreme Court of Alabama · 1897
- Louisville & Nashville Railroad v. MarkeeSupreme Court of Alabama · 1893
- Louisville & Nashville Railroad v. OrrSupreme Court of Alabama · 1898
- Southern Railway Co. v. BushSupreme Court of Alabama · 1898
- Louisville & Nashville Railroad v. WebbSupreme Court of Alabama · 1892
5 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- A. B. C. Truck Lines, Inc. v. KenemerSupreme Court of Alabama · 1946
- Johnson v. Birmingham Railway L. & P. Co.Supreme Court of Alabama · 1907
- Central of Georgia Railway Co. v. EllisonSupreme Court of Alabama · 1916
- Hinkle v. Minneapolis, Anoka & Cayuna Range Railway Co.Supreme Court of Minnesota · 1925
- Foreman v. Dorsey Trailers, Inc.Supreme Court of Alabama · 1951
12 more not listed; retrieve them via the Exa API.