Nashville, C. & St. L. Railway v. Crosby
Supreme Court of Alabama
Appeal from Gadsden City Court. Action by Mrs. Bora Crosby against the Nashville, Chattanooga & St. Louis Railway for damages for injuries to her while a passenger. Judgment for plaintiff, and defendant appeals.
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Appeal from Gadsden City Court. Action by Mrs. Bora Crosby against the Nashville, Chattanooga & St. Louis Railway for damages for injuries to her while a passenger. Judgment for plaintiff, and defendant appeals. The complaint contains five counts, each of which shoAvs that plaintiff, a Avoman, had become a passenger by the purchase of a ticket for transportation over defendant’s line, and that while in defendant’s station at Albertville, awaiting the arrival of the train she was assaulted and beaten and her person searched for a Avatch alleged to have been stolen. The first count alleges that…
1Opinion of the CourtSomerville, J.
— It is the duty of common carriers to protect their passengers against violence or improper conduct, whether on the part of its own servants or of other passengers or strangers; but the carrier’s liability for failure to protect from the misconduct of others than its own servants arises only when the wrong is actually foreseen or is of such a character and perpetrated under such circumstances as that it might reasonably have been anticipated or naturally expected to occur. — Batton v. S. & N. Ala. R. R. Co., 77 Ala. 591, 54 Am. Rep. 80; Britton v. A. & C. Ry. Co., 88 N. C. 536, 43 Am. Rep.…
2Cases cited15 opinions
- Louisville & Nashville R. R. v. HollandSupreme Court of Alabama · 1911
- Dwinelle v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1890
- Ensley Railway Co. v. ChewningSupreme Court of Alabama · 1890
- Birmingham Railway & Electric Co. v. BairdSupreme Court of Alabama · 1900
- Gillingham v. Ohio River RailroadWest Virginia Supreme Court · 1891
10 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Anderson v. StateSupreme Court of Alabama · 1922
- Nashville, Chattanooga & St. Louis Railway v. CrosbySupreme Court of Alabama · 1915
- Johnson v. StateSupreme Court of Alabama · 1916
- Louisville N. R. Co. v. CoursonSupreme Court of Alabama · 1937
- Hines v. MiniardSupreme Court of Alabama · 1922
17 more not listed; retrieve them via the Exa API.