Central of Ga. Ry. Co. v. Morgan
Supreme Court of Alabama
Appeal from Birmingham. City Court. Heard before Hon. H. A. Sharpe. Action by Lott Morgan against the Central of Georgia Railway Company for damages for being carried be-yon’d destination. Judgment for plaintiff and defendant appeals.
Read the full summary
Appeal from Birmingham. City Court. Heard before Hon. H. A. Sharpe. Action by Lott Morgan against the Central of Georgia Railway Company for damages for being carried be-yon’d destination. Judgment for plaintiff and defendant appeals. The demurrer to count 2 should have been sustained as there were two causes of action joined in the same count. — L. & N. v. Dancy, 97 Ala. 888. While separate and distinct torts may be joined in the same complaint they should be presented in different counts.- — A. G. S. v. Shehcm, 116 Ala. 302; L. & N. v. Gofer, 110 Ala. 491; H. A. & B. R. R. v. Dusenberry, 94…
1Opinion of the Court
MAYFIELD, J.-
This was an action by the appellee (plaintiff) against the appellant (defendant) as a common carrier for negligently carrying him past the station of his destination. The gravamen of the complaint was that the plaintiff was negligently carried by his station; and the complaint originally contained the allegation that the defendant’s servants or agents on said train, in or about carrying the plaintiff past his station, used insulting and abusive language toward him, and that the plaintiff was greatly humiliated and suffered ,-great mental and physical pain. The defendant inter*485posed…
2Cases cited5 opinions
- Ala. Great Southern Railroad v. SellersSupreme Court of Alabama · 1890
- Highland Avenue & Belt Railroad v. DusenberrySupreme Court of Alabama · 1891
- Louisville & Nashville Railroad v. QuickSupreme Court of Alabama · 1899
- Alabama Great Southern Railroad v. ShahanSupreme Court of Alabama · 1896
- Louisville & Nashville Railroad v. DancySupreme Court of Alabama · 1892
3Cited by8 opinions
- Nashville, C. & St. L. Ry. v. CampbellSupreme Court of Alabama · 1924
- Atlantic Coast Line Ry. Co. v. JonesAlabama Court of Appeals · 1913
- Central of Georgia Ry. Co. v. BarnitzSupreme Court of Alabama · 1916
- McDougal v. Alabama Great Southern R. Co.Supreme Court of Alabama · 1923
- Seaboard A. L. Ry. Co. v. PatrickAlabama Court of Appeals · 1914
3 more not listed; retrieve them via the Exa API.