Legal Opinion

Cook v. Southern Railway Co.

Supreme Court of Alabama

Decided December 19, 1907PublishedCited by 6 opinions

Appear from Gadsden City Court. Heard before Hon. John H. Disque. Action by John Cook, a passenger, against the Southern Ry. Co. for damages for being put off short of destination. From a judgment for nominal damages -plaintiff appeals.

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Appear from Gadsden City Court. Heard before Hon. John H. Disque. Action by John Cook, a passenger, against the Southern Ry. Co. for damages for being put off short of destination. From a judgment for nominal damages -plaintiff appeals. Public carriers of passengers like common carriers of goods are engaged in a public calling which imposes upon them the duty to serve all without discrimination.- — 6 C'yc. 534; Independent Go. v. Rinard, 46 Ind. 203; State v. D. & G. Go., 48 N. J. L. 55. There is no question under the testimony that the use of the station made it a station. — M. & E. R. R.…

1Opinion of the CourtMcCLELLAN, J.

— The action is by a passenger against the carrier for an alleged breach of duty in refusing to transport the plaintiff from Leesburg to Tuscaloosa Crossing; his debarkation at Gadsden, short of the desired destination, being required by the conductor of the carrier. The trial was by the court without the jury; and the judgment, founded, of course, upon the conclusion that the duty existed and was breached, was for the plaintiff for f 1 as damages.

It affirmatively appears from the record that no loss in estate was suffered by plaintiff, as the proximate result of the wrong complained of,…

2Cases cited1 opinion

  1. Wilkinson v. SearcySupreme Court of Alabama · 1884

3Cited by6 opinions

  1. Howton v. MathiasSupreme Court of Alabama · 1916
  2. Birmingham Waterworks Co. v. BrooksAlabama Court of Appeals · 1916
  3. Mobile Electric Co. v. NelsonSupreme Court of Alabama · 1923
  4. Birmingham E. & B. R. R. v. WilsonAlabama Court of Appeals · 1915
  5. Birmingham Railway, Light & Power Co. v. ArnoldAlabama Court of Appeals · 1913

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