Waldrop v. Nashville, Chattanooga & St. Louis Railway
Supreme Court of Alabama
Appeal from Etowah Circuit Court. Action by Carrie Waldrop against the Nashville, Chattanooga & St. Louis Railway. From a judgment for defendant on demurrer to the complaint, plaintiff appeals.
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Appeal from Etowah Circuit Court. Action by Carrie Waldrop against the Nashville, Chattanooga & St. Louis Railway. From a judgment for defendant on demurrer to the complaint, plaintiff appeals. Count 6 is as follows: “Plaintiff claims of defendant, a corporation, the sum of |10,000 as damages, and avers, to wit, that on the 26th day of December, 1911, the defendant was a common carrier of passengers operating a steam railway between and through the towns of Albertville, Ala., and Attalla, Ala.; that Albertville, Ala., was and is a town of over 1,000 inhabitants; that on said date the…
1Opinion of the CourtSayre, J.
— Section 5489 of the Code of 1907 makes it the duty of every person, company, or corporation, owning or operating any railroad through the corporate limits of any incorporated city or town of more than 1,000 inhabitants, to establish and maintain one or more depots for the accommodation of passengers and storage of freights. This court held on good authority in the case of Page v. L. & N. R. R. Co., 129 Ala. 232, 29 South. 676, that no such duty exists, unless imposed by the charter of the railroad company, or by statutory regulation, or by some other legislative au-. thorization conferring…
2Cases cited8 opinions
- Depue v. FlatauSupreme Court of Minnesota · 1907
- Ploof v. PutnamSupreme Court of Vermont · 1908
- Montgomery Street Railway Co. v. MasonSupreme Court of Alabama · 1901
- Melton v. Birmingham Railway Light & Power Co.Supreme Court of Alabama · 1907
- Adams v. Chicago Great Western RailroadSupreme Court of Iowa · 1912
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Louisville N. R. Co. v. ClarkSupreme Court of Alabama · 1920
- Georgia Life Insurance v. EasterSupreme Court of Alabama · 1914
- North American Acc. Ins. Co. v. PittsSupreme Court of Alabama · 1925
- Ashworth v. Alabama Great Southern R. Co.Supreme Court of Alabama · 1924
- Central of Georgia Ry. Co. v. BarnitzSupreme Court of Alabama · 1916
2 more not listed; retrieve them via the Exa API.