Southern Railway Co. v. Carroll
Alabama Court of Appeals
Appeal from Morgan Law and Equity Court. Heard before Hon. Thomas W. Wert. Action by Newton R. Carroll against the Southern Railway Company for damages for injury while a passenger. Judgment for plaintiff, and defendant appeals.
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Appeal from Morgan Law and Equity Court. Heard before Hon. Thomas W. Wert. Action by Newton R. Carroll against the Southern Railway Company for damages for injury while a passenger. Judgment for plaintiff, and defendant appeals. The complaint is as follows: “Plaintiff claims of defendant * * * as damages for that on, to-wit, * * * the defendant owned or maintained railroad tracks * * * over and along which it propelled trains of cars and was engaged in transporting thereon passengers for a reward. On said date, to-wit, * * * plaintiff was a passenger on one of defendant’s trains, and while he…
1Opinion of the Court
BROWN, J.(1) The demurrer to the complaint takes the point that insult to a passenger by the carrier’s servant, resulting in humiliation and mental distress to the passenger, unaccompanied by physical hurt, will not sustain a cause of action against the carrier. This question was considered in the very recent case of Louisville & Nashville Railroad Co. v. Laney, Infra, 69 South. 993, and the question ruled against appellant’s contention. There it was observed: “The evidence shows without dispute that the defendant breached its contract by which it engaged to carry plaintiff to his destination…
2Cases cited10 opinions
- Central of Georgia Railway Co. v. WhiteSupreme Court of Alabama · 1911
- Southern Railway Co. v. KirschSupreme Court of Alabama · 1907
- B'ham Ry. L. & P. Co. v. GlennSupreme Court of Alabama · 1912
- Box v. Southern Railway Co.Supreme Court of Alabama · 1913
- Southern Railway Co. v. LeeSupreme Court of Alabama · 1910
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