97 Ala. 325 | Ala. | 1892
HABALSON, J.
— The plaintiff’s own evidence establishes her contributory negligénce to the injury she received.
Without any warning to the conductor or other employe of the Bailroad Company, that she had not gotten off tíre train, at her destination, and had not had time to do so, she attempted and did alight, — because, as she said, “she did not want to be carried by Brewton,” — at a time, when she did not know, as she admits, how fast the train was moving, but when, it seems, it was fast enough to do her the damage of which she complains. Common prudence would have dicta
The general affirmative charge, in favor of defendant, should have been given, and the motion for a new trial granted.
Reversed and remanded.