Travis v. L. & N. R. R.
Supreme Court of Alabama
Appeal from Cullman Circuit Court. Action by M. B. Travis against tbe Louisville & Nashville Railroad Company. From a judgment for defendant, plaintiff appeals. The substance of count 1 sufficiently appears.
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Appeal from Cullman Circuit Court. Action by M. B. Travis against tbe Louisville & Nashville Railroad Company. From a judgment for defendant, plaintiff appeals. The substance of count 1 sufficiently appears. Count 3 alleges the operation by defendant of a dining car where it sold articles of food to passengers for immediate consumption, guaranteeing the same to be pure and wholesome, and ón a certain day, through its agents or servants, sold and served to plaintiff in said dining car for immediate consumption, which plaintiff then and there immediately consumed as food, tainted, deleterious,…
1Opinion of the Court
de GRAFFENRIED, J.
— The Louisville & Nashville Railroad Company maintains, for the convenience and comfort of its .passengers, dining cars on some of its passenger trains. The plaintiff, B. M. Travis, was on April 7, 1910, a passenger of the defendant railroad company and some time that evening (probably about 7 p. m.) went into the dining car attached to his train and ate some fried oysters and some scrambled eggs. Shortly thereafter (perhaps 15 or 20 minutes) he was taken sick and his symptoms all indicated that his sickness was probably due to the food which he ate while in the dining car.…
2Cases cited4 opinions
- Bishop v. WeberMassachusetts Supreme Judicial Court · 1885
- Sheffer v. WilloughbyIllinois Supreme Court · 1896
- Carl v. StateSupreme Court of Alabama · 1888
- Knowles v. StateSupreme Court of Alabama · 1885
3Cited by48 opinions
- Friend v. Childs Dining Hall Co.Massachusetts Supreme Judicial Court · 1918
- Mix v. Ingersoll Candy Co.California Supreme Court · 1936
- F. W. Woolworth Co. v. WilsonCourt of Appeals for the Fifth Circuit · 1934
- Whiddon v. MaloneSupreme Court of Alabama · 1929
- Jones v. KeithSupreme Court of Alabama · 1931
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