Cook v. Southern Railway Co.
Supreme Court of Alabama
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.
Read the full summary
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
- Wilkinson v. SearcySupreme Court of Alabama · 1884
3Cited by6 opinions
- Howton v. MathiasSupreme Court of Alabama · 1916
- Birmingham Waterworks Co. v. BrooksAlabama Court of Appeals · 1916
- Mobile Electric Co. v. NelsonSupreme Court of Alabama · 1923
- Birmingham E. & B. R. R. v. WilsonAlabama Court of Appeals · 1915
- Birmingham Railway, Light & Power Co. v. ArnoldAlabama Court of Appeals · 1913
1 more not listed; retrieve them via the Exa API.