Travis v. Alabama Great Southern R. Co.

Citation199 Ala. 38,73 So. 983
Decision Date01 February 1917
Docket Number6 Div. 358
PartiesTRAVIS v. ALABAMA GREAT SOUTHERN R. CO.
CourtSupreme Court of Alabama

Appeal from City Court of Birmingham; C.W. Ferguson, Judge.

Action by W.B. Travis against the Alabama Great Southern Railroad Company for damages for injury while an alleged passenger. Judgment for defendant, and plaintiff appeals. Affirmed.

Perdue & Drake, of Birmingham, for appellant.

A.G. &amp E.D. Smith, of Birmingham, for appellee.

ANDERSON C.J.

The complaint consisted of two counts, but the general charge was given as to count 2, and as to which the appellant does not complain. Therefore we are concerned only with the points made by the appellant against the rulings of the trial court in so far as they may relate to count 1, a simple negligence count.

It is doubtful if any negligence was shown on the part of this defendant, but we may concede that there was, merely for the purpose of deciding this case, yet said negligence, if any there was, did not proximately cause the plaintiff's injury, as the undisputed evidence shows that his injury was proximately caused by his own intervening act in negligently attempting to board a freight box car when the train was moving at a dangerous rate of speed. In other words, the trial court could have well given the general charge in favor of the defendant because of the establishment of its special plea 6 beyond dispute and as to which the plaintiff withdrew his demurrer. This court has several times held that it was a question for the jury as to whether or not a party was guilty of negligence in alighting from a moving train or street car under the facts therein disclosed. Birmingham Ry. Co. v Dickerson, 154 Ala. 523, 45 So. 659, and cases there cited. On the other hand, it has been held to have been negligence as a matter of law for the plaintiff to have alighted from moving trains under the circumstances and conditions as set forth in other cases. Hunter v. L. &amp N.R.R., 150 Ala. 594, 43 So. 802, 9 L.R.A. (N.S.) 848; Birmingham Ry. Co. v. Glover, 142 Ala. 492, 38 So 836. Most of these cases, however, involved alighting from passenger coaches or street cars with platforms, handrails, and low steps, and do not relate to attempts to board a moving box car, with no platform and steps and which merely had an iron grabrod and steps or crossbars going from near the bottom of the box car to the top. The proof, in the case at bar, shows that the car upon which the plaintiff sought to get was a box car, fourth from the engine, and was not the caboose or the car which was transporting his fruit, and the minimum rate of speed at which the train was going was six miles per hour with an increase...

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3 cases
  • Schantz v. Northern Pacific Railway Co.
    • United States
    • United States State Supreme Court of North Dakota
    • April 25, 1919
    ......Co. v. Zachary, . 232 U.S. 246, 58 L.Ed. 591; Southern R. Co. v. Puckett, 37 S.Ct. 703; Erie R. Co. v. Winfield, . 37 S.Ct. ...R. Co. v. Gillen, 76 N.E. 1059; Hobbs v. Great Northern R. Co. 142 P. 23;. Chattanooga S. R. Co. v. Myers, 37 S.E. ...249; Louisville & N. R. Co. v. Williams, 194 S.W. 920; Travis v. Alabama G. S. R. Co. 73 So. 983; Mundhenke v. Oregon City Mfg. Co. ......
  • Cunningham Hardware Co. v. Louisville & N. R. Co.
    • United States
    • Supreme Court of Alabama
    • April 26, 1923
    ...... v. LOUISVILLE & N. R. CO. 1 Div. 272. Supreme Court of Alabama April 26, 1923 . . Appeal. from Circuit Court, Mobile County; ... railroad crossing. B'ham Southern R. Co. v. Harrison, 203 ala. 284, 292 (11), 82 So. 534; L. &. N. R. ... an adverse inference to a contrary conclusion. Travis v. A. G. S. R. Co., 199 Ala. 38, 73 So. 983; Sands v. L. & N. R. Co., ......
  • Kelton v. Baker, 6 Div. 987
    • United States
    • Alabama Court of Appeals
    • October 2, 1951
    ...additional points urged by the appellant as constituting error. Chambers v. Lindsey, 171 Ala. 158, 55 So. 150; Travis v. Alabama Great So. R. R. Co., 199 Ala. 38, 73 So. 983; Bromberg v. First National Bank, 235 Ala. 226, 178 So. 48; First National Bank of Birmingam v. Hendrix, 241 Ala. 675......

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