". . . acts or statements which, although subsequent in point of time to a personal injury, follow at once thereafter and serve to characterize the occurrence, or which are done or made under such circumstances as to exclude the possibility of premeditation or design and which are so close to the injury as to be fairly a part of the occurrence, are admissible as part of the res gestae. . . ." [Citing Alabama Power Company v. Adams, 31 Ala. App. 438, 18 So.2d 145 (1944)] In Alabama Power Company v. Adams, supra, the Court of Appeals had the following to say about the rule:
As recently as May 23, 1944, in an opinion written by Judge Rice, this court upheld the judgment of the lower court in awarding damages to a plaintiff in very much the same manner and under somewhat similar circumstances as claimed in this case. Alabama Power Co. v. Adams, ante, p. 438, 18 So.2d 145. Our courts conform to the rule that a boarding passenger on a street car or bus (as in this case) is presumed to have reached a place of security and safety when he or she has entered the portals of the conveyance, and there is no duty imposed on the driver to keep the car stationary until the passenger is seated.
The case was carefully tried under the judicial guidance of the able trial judge. It was the judgment of the court that the verdict of the jury should not be disturbed. Under the law and facts in the case, we are compelled to the conclusion that we are without authority to take a contrary view. Davis v. State, 29 Ala. App. 421, 198 So. 153; Taylor v. State, 30 Ala. App. 316, 5 So.2d 117; Alabama Power Co. v. Adams, ante, p. 438, 18 So.2d 145. It is ordered that the cause be affirmed.