Nashville, C. & St. L. Ry. v. Casey
| Decision Date | 01 June 1911 |
| Citation | 56 So. 28,1 Ala.App. 344 |
| Court | Alabama Court of Appeals |
| Parties | NASHVILLE, C. & ST. L. RY. v. CASEY. |
Appeal from Circuit Court, Marshall County; W. W. Haralson, Judge.
Action by A. B. Casey, as administrator of Hettie Casey, against the Nashville, Chattanooga & St. Louis Railway. From a judgment for plaintiff, defendant appeals. Reversed and remanded.
Walker & Spragins, for appellant.
Inzer McCord & Orr, for appellee.
This action is for injury received in alighting from a car at the station, originally brought by Hettie Casey, and after her death revived in the name of appellee as her administrator. The evidence shows that the original plaintiff was about 80 years old and very infirm, and that she was traveling on the car from Guntersville to Albertville. Her son Albert Casey who was traveling with his mother, testified that he had two little children with him and a bundle of goods; that the station of Albertville was called, and the train came to a standstill; that he got off with the children and his bundle that a crowd of young men got on the car; that his mother was on the middle step when the train started; that he took hold of her after the car had moved a little distance; that it had moved about half a car length, when he nearly fell; that he did not fall; that his mother's back did not touch the ground; that he took hold around her body and does not know whether she was struck or not, but, with the help of Mr. A he prevented her from falling to the ground; that she came to him as he reached to hold her, after the train started. W. G Casey, another son of Hettie Casey, testified that he is a physician; that his mother was old and infirm; that her condition was such that she could not get off any vehicle in safety, unless it was at a standstill, and that this was plain to any one.
The testimony showed that one, and probably two, of her ribs were "fractured," or, as the physician explained it "cracked," which, the testimony of physicians showed, might have been caused, either by a blow or fall, or by the pressure of her son's arm around her, in her aged and enfeebled condition. It was not shown that the conductor knew anything about her enfeebled condition, nor about her attempt to alight from the car after the train had started. He stood at the platform assisting passengers out, until he thought all were out, then took away the stool that had been placed for alighting passengers to step on, went to the front of the train to see that all baggage and express articles were off, and gave the signal for the train to start and got on at that end of the train. Some of the witnesses supposed that the train stopped two or three...
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