Ala. Great Southern Railroad v. Carmichael
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. . This action was brought by Mrs. Lizzie A. Carmichael against the appellant corporation, to recover damages, on' account of defendant’s wrongful act in carrying plaintiff, travelling as a passenger on one of its trains, two miles or more beyond her destination, and there putting her off in the nighttime at a distance from any residence.
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Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. . This action was brought by Mrs. Lizzie A. Carmichael against the appellant corporation, to recover damages, on' account of defendant’s wrongful act in carrying plaintiff, travelling as a passenger on one of its trains, two miles or more beyond her destination, and there putting her off in the nighttime at a distance from any residence. The cause was tried on issue joined on the plea of not guilty, and resulted in a verdict for plaintiff, for $3,400. The material facts are stated in the opinion of the court. The…
1Opinion of the Court
STONE, O. J.
The plaintiff, a female, took the east-bound train of the defendant railroad company at Meridian, Mississippi, in the evening — about dusk — on April 23, 1887. The train of that hour was what is known as the “limited,” or “fast train,” which makes but few stops, and is not intended for local travel. The railroad furnishes another train, which makes ■daily trips each way, and is designed to meet that want, and stops at every station on the road. On two points there is a palpable conflict in the testimony. Mrs. Carmichael testified, that she desired to go to Jonesboro, Alabama, and…
2Cases cited4 opinions
- Herring v. SkaggsSupreme Court of Alabama · 1878
- Pittsburgh, Cincinnati, & St. Louis Railway Co. v. NuzumIndiana Supreme Court · 1874
- Ohio & Mississippi R. W. Co. v. HattonIndiana Supreme Court · 1877
- Cummins v. BeaumontSupreme Court of Alabama · 1880
3Cited by11 opinions
- McGhee & Fink v. ReynoldsSupreme Court of Alabama · 1897
- Central of Georgia Ry. Co. v. AshleySupreme Court of Alabama · 1909
- Brumfield v. Consolidated Coach CorporationCourt of Appeals of Kentucky (pre-1976) · 1931
- Manning v. Louisville & Nashville RailroadSupreme Court of Alabama · 1891
- Pullman Car Co. v. KraussSupreme Court of Alabama · 1906
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