Central of Georgia Ry. Co. v. Campbell
Central of Georgia Ry. Co. v. Campbell
Opinion of the Court
-The case ivas tried on counts 1 and 2 of the complaint, Avhich fully state the facts, and to which demurrers Avere overruled, the action of the court in doing which is uoav assigned as error. We deem it unnecessary to discuss the points raised by the demurrers ; since a mere reading of the counts mentioned Avill
Special pleas 5 and 6, to which demurrers were sustained, present nothing more than the general issue, and there was no injury, if error, in sustaining plaintiff’s demurrers to them. All the facts alleged in them were provable under the plea of the general issue, which was on file. The defendant also assigns as error the sustaining by the court of demurrers to its pleas numbered 2, 2y2 and 3. The judgment entry in this particular recites: “The demurrers of the plaintiff to defendant’s pleas having been heard and considered by the court, it is ordered and adjudged that said demurrers be and they are hereby sustained as to pleas numbered 2, 2y2, and 3. * * * The demurrers of the plaintiff to the defendant’s amended pleas having been heard and considered by the court, it is ordered and adjudged that said demurrers be and they are hereby overruled as to amended pleas numbered 2, 2y2, and 3.” In the record we find only one plea bearing the number 2, only one bearing the number 2y2, and only one bearing the number 3. Whether they are copied and .appear in the record in the form in which they were originally filed qr in the fqrm as subsequently amended, we are unable tq determine; since there is no record whatever of any amendment and no reference anywhere to the amendment of defendant’s pleas, except in
The foregoing disposes of the first, second, and third assignments of error. The fourth to the fourteenth, inclusive, and the seventeenth assignments — all predicated on objections to evidence — are not insisted upon in brief, and will not, therefore, be considered. — Zavello v. Leitchtman, 171 Ala. 68, 54 South. 537. The questions raised in the fifteenth and sixteenth assignments were decided adversely to appellant in the case of Central of Ga. Ry. Co. v. Mathis, 9 Ala. App. 643, 64 South. 197. There was no error in permitting plaintiff to state that his side was injured or hurt him badly.— C. of Ga. Ry. Co. v. Clements, 2 Ala. App. 523, 524, 57 South. 52.
It is the duty of the carrier to provide safe and convenient stations, and means of ingress to and egress from its cars; and if a person has the bona fide intention of taking passage by a train, and goes to a station at a reasonable time, he is entitled to protection in this respect from the moment he enters the carrier’s premises.- — North Bir. Ry. Co. v. Liddicoat, 99 Ala. 549, 13 South. 18; L. & N. R. R. Co. v. Glasgow, 179 Ala. 257, 60 South. 103; Fremont, etc., R. Co. v. Hagblad, 72 Neb. 773, 101 N. W. 1033, 106 N. W. 1041, 4 L. R. A. (N. S. )
The defendant was not under duty to plaintiff, as a passenger, to keep its premises lighted at all times of the night, but only at such times as intended passengers were invited and reasonably expected to be there; that 'is, a reasonable time before the scheduled arrival of its trains, which may be different at different stations, and is dependent in each case upon a variety of circumstances. As to what was such reasonable time in the present case was a mixed question of law and fact, and we are consequently of opinion that the court should have given charges 30 and 31 requested by defendant. — Murrell v. Whiting, 32 Ala. 55; 23 Am. & Eng. Ency. Law, 585. The appellee urges that this error was without injury because it appears without conflict in the evidence that the steps mentioned were not lighted at all that night. Such a position is so clearly untenable as not to require discussion. If there was
What we have said sufficiently disposes of all other questions in the case.
For the error pointed out, the judgment is reversed.
Reversed and remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.