Ellsworth v. Tartt
Supreme Court of Alabama
.ERROR from the Circuit Court of Montgomery. Tried before the Hon. Robert Dougherty. ActioN ON the Case against a common carrier, to recover damages for the loss of plaintiff’s trunk and its contents.
Read the full summary
.ERROR from the Circuit Court of Montgomery. Tried before the Hon. Robert Dougherty. ActioN ON the Case against a common carrier, to recover damages for the loss of plaintiff’s trunk and its contents. The facts proved on the trial, so far as they are material to an understanding of the case as here presented, were as follows: The plaintiff, in traveling from Mobile to Charleston, purchased at the stage-office in Montgomery a through ticket from that city to Charleston, and traveled by railroad to West-Point, the eastern terminus of the road ; at that point the passengers, with their baggage,…
1Opinion of the CourtG-Oldthwaite, J.
—The record shows that, on the trial below, the evidence established the fact, that the plaintiff purchased a through ticket from Montgomery to Charleston, and that over a portion of the route between those points, the defendant (Ellsworth) was the proprietor of a line of stages ; and it further shows that, by virtue of such ticket, ho recognized the right of the plaintiff to be carried as a passenger in the stages over his part of the route. Upon this evidence, we regard the charge of the court as asserting the proposition, that if the defendant was to receive any portion *736of the money paid…
2Cases cited7 opinions
- Dob & Dob v. HalseyNew York Supreme Court · 1819
- Loomis v. MarshallSupreme Court of Connecticut · 1837
- Post v. KimberlyCourt for the Trial of Impeachments and Correction of Errors · 1812
- Vanderburgh v. Hull & BowneNew York Supreme Court · 1838
- Fairchild v. SlocumNew York Supreme Court · 1838
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Cowles v. Garrett's Adm'rsSupreme Court of Alabama · 1857
- Gulf, Colorado & Santa Fe Railway Co. v. LooneyTexas Supreme Court · 1892
- Montgomery & Eufaula Railway Co. v. CulverSupreme Court of Alabama · 1884
- Peterson v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1890
- Montgomery & West Point Railroad v. MooreSupreme Court of Alabama · 1874
6 more not listed; retrieve them via the Exa API.