Southern Railway Co. v. Lee
Supreme Court of Alabama
Appeal from Wilcox Circuit Court. Heard before Hon. B. M. Miller. Action by Lillian C. Lee against tbe Southern Railway Company. Judgment for plaintiff, and defendant appeals. Tbe substance of tbe complaint is sufficiently set out in tbe opinion.
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Appeal from Wilcox Circuit Court. Heard before Hon. B. M. Miller. Action by Lillian C. Lee against tbe Southern Railway Company. Judgment for plaintiff, and defendant appeals. Tbe substance of tbe complaint is sufficiently set out in tbe opinion. Tbe third plea interposed by defendant is as follows; “For further answer to plaintiff’s complaint, and each count thereof, severally and separately, this defendant says: Actio non; for if says that, at tbe time of tbe alleged grievances and happenings on said train, tbe plaintiff was riding, and had with her on tbe first-class coach reserved for…
1Opinion of the CourtSimpson, J.
This action was brought by the appellee against the appellant, on the contract between the appellee, as a passenger, and the appellant. The case was submitted to the jury on the first and second counts of the amended complaint. The first count sets out the contract, by which the defendant undertook to carry the plaintiff from Pine Hill, in Wilcox county, Ala., to Lenoir, in North Carolina, and return, and alleges that, on the return trip, at a point between Knoxville and Chattanooga, in the state of Tennessee, the servants or agents of the defendant failed “to use ordinary diligence to…
2Cases cited7 opinions
- New Orleans & Northeastern Railroad v. JopesSupreme Court of the United States · 1891
- Birmingham Railway & Electric Co. v. BaylorSupreme Court of Alabama · 1893
- Pharr v. BachelorSupreme Court of Alabama · 1841
- Gilmer v. WallaceSupreme Court of Alabama · 1883
- Louisville & Nashville Railroad v. JohnstonSupreme Court of Alabama · 1885
2 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Nashville, Chattanooga & St. Louis Railway v. CrosbySupreme Court of Alabama · 1915
- City of Tuscaloosa v. FairSupreme Court of Alabama · 1936
- F. Becker Asphaltum Roofing Co. v. MurphySupreme Court of Alabama · 1932
- Michigan Aero Club v. ShelleyMichigan Supreme Court · 1938
- Boriss v. EdwardsSupreme Court of Alabama · 1954
20 more not listed; retrieve them via the Exa API.