Legal Opinion

Mobile Street Railway Co. v. Watters

Supreme Court of Alabama

Decided November 15, 1902PublishedCited by 3 opinions

Appeal from the 'Circuit Court of Mobile. • Tried before the Hon. William S. Anderson. This action was brought by the appellee, John L. Wat-ters, against the appellant, the Mobile Street Railway Company, to recover $2,000 damages for the alleged wrongful ejection of the plaintiff from one of the street cars owned and operated by defendant in the city of Mobile.

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Appeal from the 'Circuit Court of Mobile. • Tried before the Hon. William S. Anderson. This action was brought by the appellee, John L. Wat-ters, against the appellant, the Mobile Street Railway Company, to recover $2,000 damages for the alleged wrongful ejection of the plaintiff from one of the street cars owned and operated by defendant in the city of Mobile. It was averred in the complaint that the plaintiff boarded one of the defendant’s cars as a passenger, and when the conductor on said car demanded his fare from the plaintiff, that he tendered him one dime in United States currency;…

1Opinion of the CourtSharpe, J.

By the fourth plea it is set up- as a defense to the action, that “the plaintiff got upon the car of defendant and when the defendant’s conductor demanded his fare, he tendered to the conductor in payment of said fare, a coin which was so much worn that the stamping thereon could not be seen with sufficient distinctness to enable the conductor to tell whether it had originally been a coin of the United States government or not; and when the said conductor declined to receive this fare in compensation for its ride, the plaintiff declined to pay his fare with any other money, wherefore he was…

2Cases cited6 opinions

  1. Mudge v. TreatSupreme Court of Alabama · 1876
  2. Steed v. KnowlesSupreme Court of Alabama · 1892
  3. Allison v. LittleSupreme Court of Alabama · 1890
  4. Masterson v. GibsonSupreme Court of Alabama · 1876
  5. Hazard v. PurdomSupreme Court of Alabama · 1836

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

3Cited by3 opinions

  1. Clinton Mining Co. v. BradfordSupreme Court of Alabama · 1915
  2. Chicago Union Traction Co. v. McCleveyAppellate Court of Illinois · 1906
  3. Cincinnati Northern Traction Co. v. RosnagleOhio Supreme Court · 1911

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