Southern Ry. Co. v. Lollar
| Decision Date | 25 November 1902 |
| Citation | 135 Ala. 375,33 So. 32 |
| Parties | SOUTHERN RY. CO. v. LOLLAR. |
| Court | Alabama Supreme Court |
Appeal from circuit court, Walker county; A. H. Alston, Judge.
Action by Vandorn Lollar against the Southern Railway Company. Judgment for plaintiff. Defendant appeals. Reversed.
This action was brought to recover $1,500 damages for personal injuries alleged in the complaint to have been sustained by the plaintiff while a passenger on one of the defendant's trains, by reason of the negligence of the employés of the defendant in wrongfully moving or jerking said train while the plaintiff was in the act of alighting therefrom. The facts of the case necessary to an understanding of the decision on the present appeal are sufficiently stated in the opinion.
There were verdict and judgment for the plaintiff, assessing his damages at $200.
The defendant made a motion to set aside the verdict and judgment and for a new trial on the ground, among others, that the verdict was contrary to the evidence. This motion was overruled, and the defendant duly excepted. The defendant appeals, and assigns as error the refusal of the court to give the several charges requested by it, and the overruling of its motion for a new trial.
James Weatherly, for appellant.
McCollum & McGregor, for appellee.
The evidence for the plaintiff shows, that he boarded the train at Oakman, without a ticket, it being late at night, and paid the conductor his fare to Lockhart station; that at the time he paid the conductor his fare, the latter did not say anything about not stopping at Lockhart, but he did afterwards, tell the plaintiff that the train did not stop at that station, and then plaintiff told him he would get off at Corona, shown to be about a mile this side, or short of Lockhart, to which he made no objection; that as they approached Corona, that station was called out three times and the last time,--which call was made by the conductor,--the train came to a dead stop; that he walked out to the front end of the car to get off, and the conductor was standing there, and neither he nor the flagman, who was standing in the car, said anything about the train not having reached Corona; that about the time he was alighting, the train started with a jerk and threw him off the train and injured him, and that this was about 200 yards from the station at Corona.
The evidence on the part of defendant tends to show, that the plaintiff paid his fare, not to Lockhart, but to Corona; that the conductor told him at the time, the train did not stop at Lockhart, but would make a stop at Corona, and he would have to get off there; that he did not see him when he got off and did not know anything about how he got off; that he had no conversation with him, or with plaintiff's brother who was with him, except the one had just after leaving Oakman, when he and his brother paid their fares to Corona; that the train did not stop or halt 200 or 300 yards or at any point before reaching the depot at Corona, but did stop at the depot, the station house being lighted inside and out; that it was not known that plaintiff and his brother had gotten off the train at the time they did, and that fact was not ascertained until after the train stopped at the depot at Corona.
The counts in the complaint on which...
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