Southern Railway Co. v. Hanby
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Action by- S. M. Hanby against the Southern Railway Company for damages for injuries from an assault while a passenger. Judgment for plaintiff, and defendant appeals.
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Appeal from Jefferson Circuit Court. Action by- S. M. Hanby against the Southern Railway Company for damages for injuries from an assault while a passenger. Judgment for plaintiff, and defendant appeals. Count 3 is as follows: “Plaintiff claims of defendant the Southern Railway Company, a corporation, and Lewis Malone, the sum of $10,000 damages in this: That on and prior to the 20th day of December, 1906, the defendant Southern Railway was a common carrier of passengers by means of a railroad which ran through Jackson, Ala., having at said Jackson a station at which it received and…
1Opinion of the Court
de GRAFFENRIED, J.
— In the case of Button anti Wife v. Smith £ North Alabama Railroad Company, 77 Ala. 591, 51 Am. Rep. 80, this court, quoting from Britton v. Atlanta & Charlotte Railway Company, 88 N. C. 536, 13 Am. Rep. 719, said: “The carrier owes to the passenger the duty of protecting him from the violence and assaults of his fellow passengers or intruders, and will be held responsible for his own or his servants’ neglect in this particular when, by the exercise of proper care, the acts of violence might have been foreseen and prevented; and, while not required to furnish a police force…
2Cases cited6 opinions
- Birmingham Railway, Light & Power Co. v. FoxSupreme Court of Alabama · 1911
- Connell's Ex'ors v. Chesapeake & Ohio Ry. Co.Supreme Court of Virginia · 1896
- Birmingham Railway & Electric Co. v. BairdSupreme Court of Alabama · 1900
- Britton v. Atlanta & Charlotte Air-Line Railway Co.Supreme Court of North Carolina · 1883
- Alabama City, G. & A. Ry. Co. v. SampleySupreme Court of Alabama · 1910
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Louisville N. R. Co. v. CoursonSupreme Court of Alabama · 1937
- Nashville, C. & St. L. Railway v. CrosbySupreme Court of Alabama · 1913
- Nunnally Co. v. Bromberg & Co.Supreme Court of Alabama · 1928
- Hines v. MiniardSupreme Court of Alabama · 1922
- Seaboard Air Line Railway Co. v. MobleySupreme Court of Alabama · 1915
8 more not listed; retrieve them via the Exa API.