Report of Cases Argued and Determined in the Supreme Court of Alabama (Volume 3)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1902 edition. Excerpt: ...the plea that the conductor had no knowledge that plaintiff was attempting to board the train, and did not see her, --he being the only agent charged by law with the duty of inviting passengers to board trains. He cited in support of said pleas, genererally, llfontgorncry ct Eufa/ula R. R. 0'0. 1). Stewart, 91 Ala. 421; Birmingham Union Ry. Go. /1). Smith, 90 Ala. 60; Detroit, eta, R. R. Go. /0. Carter, 23 Wis. 152; 99 Am. Dec. 141; Mower o. ('7ei1-tral Park, eta, R. Co., 69 tory mgligence, and cited in support of it, A. G. S. R. D. M. POWELL, contra, argued that if there was any error in sustaining the demurrer to said pleas it was without injury, as the defendant had the benefit of all the evidence pertinent to said pleas on the trial, on the plea of the general issue and contributory negligence, -citing A. G. S. R. R. 00. v. Davis, 119 Ala. 582; Pellioan Ins. Co. v. Smith, 92 Ala. 428; Booth v. Dexter Steam Fire Engine 00., 118 Ala. 369; Holmes 1). Bank of Fort Gaines, 120 Ala 493; Tntwiler v. McCarty, 121 Ala. 356.. SHARPE, J.--By the first count of the complaint on which the case was tried negligence is predicated mainly upon the alleged fact that at the instant plaintiff was thrown by starting of the train, she was attempting to board it as a passenger by invitation of an agent or servant of defendant having authority to extend such invitation. This material averment was not negatived by either of the pleas to which demurrers were sustained. If plaintiff was induced to make the attempt by defendant's immediate invitation, defendant was under the duty of holding the train until she could do so safely, and this notwithstanding it may have, as averred in plea B, stopped sufliciently long for her to accomplish that end.--Montgomery...