St. Louis & S. F. Ry. Co. v. Trice
Supreme Court of Alabama
Appeal from Circuit Court, Walker County; J. J. Curtis, Judge. Action by Delcy Trice against the St. Louis )& San Francisco Railway Company. Judgment for plaintiff, and defendant appeals. Transferred from Court of Appeals under section 0, p. 450, Acts 1911. Reversed and remanded conditionally.
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Appeal from Circuit Court, Walker County; J. J. Curtis, Judge. Action by Delcy Trice against the St. Louis )& San Francisco Railway Company. Judgment for plaintiff, and defendant appeals. Transferred from Court of Appeals under section 0, p. 450, Acts 1911. Reversed and remanded conditionally. The plaintiff alleges that she suffered her injuries boarding one of the defendant’s passenger trains because of the negligence of a servant of the defendant while ostensibly assisting her to embark. Count 1 charges that the agents or servants in charge of said train then and there so negligently…
1Opinion of the CourtSomerville, J.
[1] If any of defendant’s servants, in charge of the train which plaintiff was in the act of boarding as a passenger, so negligently conducted defendant’s business that they pushed or shoved her against the car step or platform, it was a breach of duty for which defendant was liable.
We think that both counts of the complaint were sufficient as against the demurrers. But, in any case, the evidence shows without dispute that the flagman who attempted to assist plaintiff and, as claimed, negligently shoved her, was acting for defendant in the line of his duty, and defendant could not have been…
2Cases cited1 opinion
- Irby v. WildeSupreme Court of Alabama · 1907
3Cited by9 opinions
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- Mobile City Lines, Inc. v. ProctorSupreme Court of Alabama · 1961
- Benson v. Northland Transportation Co.Supreme Court of Minnesota · 1937
- Alabama Power Co. v. AdamsAlabama Court of Appeals · 1944
- Mobile Light R. Co. v. FullerAlabama Court of Appeals · 1921
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