Central of Georgia Ry. Co. v. Barnitz
Alabama Court of Appeals
Appeal from Jefferson Circuit Court. Heard before Hon. C. B. Smith. Action by Mrs. Charles Barnitz against the Central of Georgia Railway Company, for damages for injury for being carried beyond her destination. Judgment for plaintiff and defendant appeals.
1Opinion of the CourtPelham, P. J.
In the original opinion in this case, we reversed the judgment of the lower court on the authority of the case of L. & N. R. R. Co. v. Quick, 125 Ala. 553, 28 South. 14. This court is required by statute to conform its holdings to the rulings of the Supreme Court, and on the original consideration we were impressed with the view that no distinguishable difference existed in the two cases that would authorize us to reach a different conclusion and apply a different rule as to the proper element of recoverable damages than that declared in the Quick Case, limiting the recovery to the harm and…
2Cases cited7 opinions
- Louisville & Nashville Railroad v. QuickSupreme Court of Alabama · 1899
- East Tenn., Va. & Ga. Railroad v. LockhartSupreme Court of Alabama · 1885
- Louisville & Nashville Railroad v. DancySupreme Court of Alabama · 1892
- Western Union Tel. Co. v. EmersonAlabama Court of Appeals · 1914
- Central of Ga. Ry. Co. v. MorganSupreme Court of Alabama · 1909
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3Cited by3 opinions
- Louisville N. R. Co. v. MaddoxSupreme Court of Alabama · 1938
- Barefield v. StateAlabama Court of Appeals · 1916
- Huff v. Louisville & Nashville R. Co.Court of Appeals for the Fifth Circuit · 1952