Legal Opinion

Birmingham & Atlantic R. R. v. Norris

Alabama Court of Appeals

Decided May 7, 1912PublishedCited by 7 opinions

Appeal from St. Clair Circuit Court. Heard before Hon. John W. Inzer. Action by'Malissa F. Norris against the Birmingham & Atlantic Railroad Company. From a judgment for plaintiff, defendant appeals. The facts sufficiently appear from the opinion. The following charges were refused the defendant: Affirmative charge as to the first count.

Read the full summary

Appeal from St. Clair Circuit Court. Heard before Hon. John W. Inzer. Action by'Malissa F. Norris against the Birmingham & Atlantic Railroad Company. From a judgment for plaintiff, defendant appeals. The facts sufficiently appear from the opinion. The following charges were refused the defendant: Affirmative charge as to the first count. (2) “The Court charges you, gentlemen of the jury, that if you find from the evidence that plaintiff had entered the car door before she receives her alleged injuries, then you cannot find for plaintiff under the allegations in the first count of the…

1Opinion of the Court

de GRAFFENRIED, J.

The appellee, the plaintiff in the court below, brought an action against appellant, the defendant in the court below, to recover damages for injuries, alleged to have resulted from the negligence of the appellant, and alleged to have been sustained while she was the passenger of appellant and engaged in the act of boarding appellant’s coach.

In its first assignment of error the appellant insists that the trial court erred in permitting appellee’s counsel to ask her the question, “Do you find yourself more nervous now than before?” and it is insisted that nervousness, or…

2Cases cited11 opinions

  1. Jones v. StateSupreme Court of Alabama · 1911
  2. Birmingham Ry. Light & Power Co. v. BrownSupreme Court of Alabama · 1907
  3. Alexander v. AlexanderSupreme Court of Alabama · 1882
  4. Birmingham Union Railway Co. v. SmithSupreme Court of Alabama · 1890
  5. Highland Avenue & Belt Railroad v. BurtSupreme Court of Alabama · 1890

6 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Birmingham Electric Co. v. WoodSupreme Court of Alabama · 1930
  2. Southern Railway Co. v. NorwoodSupreme Court of Alabama · 1914
  3. Bradley v. WilliamsAlabama Court of Appeals · 1924
  4. Central of Georgia Ry. Co. v. MathisAlabama Court of Appeals · 1913
  5. Oklahoma Ry. Co. v. RoebuckSupreme Court of Oklahoma · 1951

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API