Mobile & Montgomery Railroad v. Ashcraft
Mobile & Montgomery Railroad v. Ashcraft
Opinion of the Court
— The complaint alleged, among other things, that the absence of a bell-rope in the passenger car contributed to the injuries received by the plaintiff, as the car was dragged some distance and greatly shattered, which might have been prevented by signalling the engineer before the
2. Instances of trains having run off the track shortly before an accident were held in this case (at the January Term, 1872) to be admissible in proof of negligence. The testimony of Hannon, that about two weeks before the accident complained of the cars had run off twice on one trip between Montgomery and Greenville, was properly admitted. There is no better evidence of carelessness or negligence than the frequency of the accidents. The judgment is affirmed.
Reference
- Full Case Name
- Mobile & Montgomery Railroad Company v. Ashcraft
- Status
- Published