Louisville & Nashville Railroad v. Penick
Alabama Court of Appeals
Appeal from Birmingham City Court. Heard before Hon. Charles W. Ferguson. Action by Mary Penick against the Louisville & Nashville Railroad Company. Judgment for the plaintiff, and defendant appeals. The following charges were refused to defendant: “(1) The court charges the jury that you cannot award plaintiff any damages in this action for any abusive, violent, or insulting language by defendant’s conductor.
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Appeal from Birmingham City Court. Heard before Hon. Charles W. Ferguson. Action by Mary Penick against the Louisville & Nashville Railroad Company. Judgment for the plaintiff, and defendant appeals. The following charges were refused to defendant: “(1) The court charges the jury that you cannot award plaintiff any damages in this action for any abusive, violent, or insulting language by defendant’s conductor. “(2) The court charges the jury that if, after a full and fair consideration of the evidence in this case, your minds are in a state of uncertainty or confusion as to whether the…
1Opinion of the CourtWalker, P. J.
— The court’s refusal to give written charge 2, requested by the defendant, is not a ground of reversal.- — Alabama Great So. R. Co. v. Robinson (Sup.) 62 South. 813.
The breach of duty complained of in the first count of the complaint was the alleged unwarranted ejection of the plaintiff from the train upon which she was a passenger before its arrival at the destination to which her fare had been paid, and to which she had acquired the right to he carried on that train. In stating the consequences of the alleged ejection it was averred that, “said train being in motion when plaintiff was…
2Cases cited7 opinions
- Alabama Great Southern Railroad v. RobinsonSupreme Court of Alabama · 1913
- B'ham Ry. L. & P. Co. v. GlennSupreme Court of Alabama · 1912
- Snedecor v. PopeSupreme Court of Alabama · 1904
- Southern Railway Co. v. LeeSupreme Court of Alabama · 1910
- B'ham Ry. L. & P. Co. v. ColemanSupreme Court of Alabama · 1913
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3Cited by1 opinion
- Ewton v. McCrackenAlabama Court of Appeals · 1913