Thompson v. Southern Ry. Co.
Alabama Court of Appeals
Appeal from Circuit Court, Calhoun County; Hugh D. Merrill, Judge. Action by Julia B. Thompson, by next friend, against the Southern Railway Company for damages for personal injuries. There was judgment for plaintiff, which on motion of the defendant was set aside, and plaintiff appeals. The case was tried on counts 1 and 2 of the complaint.
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Appeal from Circuit Court, Calhoun County; Hugh D. Merrill, Judge. Action by Julia B. Thompson, by next friend, against the Southern Railway Company for damages for personal injuries. There was judgment for plaintiff, which on motion of the defendant was set aside, and plaintiff appeals. The case was tried on counts 1 and 2 of the complaint. The first count was based on the alleged negligence of the defendant in lowering a rail gate or heavy piece of timber in such a negligent manner as to cause the same to strike against the automobile in which plaintiff was riding, .severely bruisIng and…
1Opinion of the Court
The jury, on the facts, say that the damages to which plaintiff is entitled are $350. The judge trying the case is of the opinion that the case presented a jury question, but is of the opinion that the amount found by the jury is excessive. The question is thus squarely presented to this court as to whether the finding of the jury as to the amount of damages, or that of the trial judge, should prevail, as is shown by the facts in this case.
Mr. Justice Thomas, in the case of N.C. St. L. Ry. v. Crosby, 194 Ala. 338 et seq., 70 So. 7, has ably discussed and cited the authorities bearing on this…
2Cases cited8 opinions
- Coffin v. CoffinMassachusetts Supreme Judicial Court · 1808
- Nashville, Chattanooga & St. Louis Railway v. CrosbySupreme Court of Alabama · 1915
- Central of Georgia Railway Co. v. WhiteSupreme Court of Alabama · 1911
- White v. BlairSupreme Court of Alabama · 1891
- Bellingrath v. AndersonSupreme Court of Alabama · 1919
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Moore v. Mobile Infirmary Ass'nSupreme Court of Alabama · 1991
- Thornton v. City of BirminghamSupreme Court of Alabama · 1948
- Mangino v. ToddAlabama Court of Appeals · 1923
- Dorroh v. Jefferson CountySupreme Court of Alabama · 1956
- Southern Ry. Co. v. PennyAlabama Court of Appeals · 1927
2 more not listed; retrieve them via the Exa API.