Nashville, Chattanooga & St. Louis Railway v. Crosby
Supreme Court of Alabama
Appeal from Gadsden City Court. Heard before Hon. John H. Disque. Action by Mrs. Dora Crosby against the Nashville, Chattanooga & St. Louis Railway. Judgment for plaintiff, and defendant appeals. For former appeal in this case, see 183 Ala. 237, 62 South. 889, where the facts and the pleadings are sufficiently set out for a proper understanding of this opinion. There was judgment for plaintiff in the sum of $7,500.
1Opinion of the Court
THOMAS, J. —
On the first appeal this court held that the affirmative charge should have been gievn for the defendant on all the counts of the complaint except count 3. In the last trial, from which this appeal is taken, the court below gave the general charge in favor of the defendant on all the counts except count 3. Appellant’s counsel insist that count 3 does not state facts sufficient to show that plaintiff was a passenger at the time of the happening of the assault’or search complained of. The count is as follows: “The plaintiff claims of the defendant the other and further sum of…
2Cases cited47 opinions
- Cobb v. MaloneSupreme Court of Alabama · 1890
- Tobler v. Pioneer Mining & Mfg. Co.Supreme Court of Alabama · 1909
- Shipp v. SheltonSupreme Court of Alabama · 1915
- Amerson v. Corona Coal & Iron Co.Supreme Court of Alabama · 1915
- Central of Georgia Railway Co. v. WhiteSupreme Court of Alabama · 1911
42 more not listed; retrieve them via the Exa API.
3Cited by83 opinions
- McMillan v. AikenSupreme Court of Alabama · 1920
- Birmingham Southern R. Co. v. HarrisonSupreme Court of Alabama · 1919
- Birmingham Ry., Light & Power Co. v. LittletonSupreme Court of Alabama · 1917
- Julian v. WoolbertSupreme Court of Alabama · 1919
- Mutual Life Ins. Co. v. MaddoxSupreme Court of Alabama · 1930
78 more not listed; retrieve them via the Exa API.