Legal Opinion

Nashville, C. & St. L. Railway v. Crosby

Supreme Court of Alabama

Decided June 5, 1913PublishedCited by 22 opinions

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

  1. Louisville & Nashville R. R. v. HollandSupreme Court of Alabama · 1911
  2. Dwinelle v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1890
  3. Ensley Railway Co. v. ChewningSupreme Court of Alabama · 1890
  4. Birmingham Railway & Electric Co. v. BairdSupreme Court of Alabama · 1900
  5. Gillingham v. Ohio River RailroadWest Virginia Supreme Court · 1891

10 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Anderson v. StateSupreme Court of Alabama · 1922
  2. Nashville, Chattanooga & St. Louis Railway v. CrosbySupreme Court of Alabama · 1915
  3. Johnson v. StateSupreme Court of Alabama · 1916
  4. Louisville N. R. Co. v. CoursonSupreme Court of Alabama · 1937
  5. Hines v. MiniardSupreme Court of Alabama · 1922

17 more not listed; retrieve them via the Exa API.

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