Lamb v. Mitchell
Alabama Court of Appeals
Appeal from Circuit Court, Clay County; A. H. Alston, Judge. Action by Mrs. Nancy A. Mitchell against E. T. Lamb, as receiver of the Atlanta, Birmingham & Atlantic Railroad Company. Judgment for plaintiff, and defendant appeals.
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Appeal from Circuit Court, Clay County; A. H. Alston, Judge. Action by Mrs. Nancy A. Mitchell against E. T. Lamb, as receiver of the Atlanta, Birmingham & Atlantic Railroad Company. Judgment for plaintiff, and defendant appeals. Count 4 alleges, in effect, that plaintiff desired to reach Lanett; went over to defendant’s railroad on the station of Cragford to the station of Standing Rock, where she was accustomed to make connection with the Chattahoochie Yalley road for her destination to Lanett, and that on several prior trips defendant’s train had delivered her at her destination in Standing…
1Opinion of the CourtBrown, P. J.
[1] The gravamen of the first and second counts of the complaint is the'breach of the contract of carriage — the failure to transport the plaintiff to Standing Rock, the final destination of the ticket — and said counts were subject to the objection pointed out in the demurrers that they did not aver that the train upon which the plaintiff took passage was scheduled to pass and stop at Standing Rock. L. & N. R. R. Co. v. Maxwell, 190 Ala. 47, 66 South. 669; Southern Ry. Co. v. Farquhar, 192 Ala. 415, 68 South. 289; A. G. S. Ry. Co. v. Carmichael, 90 Ala. 19, 8 South. 87, 9 L. R. A. 388; L. &…
2Cases cited8 opinions
- Weed v. . the Panama Railroad CompanyNew York Court of Appeals · 1858
- Ala. Great Southern Railroad v. CarmichaelSupreme Court of Alabama · 1890
- Cormack v. . N.Y., N.H. H.R.R. Co.New York Court of Appeals · 1909
- St. Louis Southwestern Railway Co. v. WhiteTexas Supreme Court · 1905
- Louisville & Nashville Railroad v. ThomasonAlabama Court of Appeals · 1912
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3Cited by2 opinions
- Louisville N. R. Co. v. CrickSupreme Court of Alabama · 1928
- Pollard v. JarrettSupreme Court of Alabama · 1936