Southern Railway Co. v. Burnett
Alabama Court of Appeals
Appeal from Slielby County Court. Heard before Hon. E. S. Lyman. Action by Baline Burnett against the Southern Railway Company for damages for an alleged assault upon him while a passenger. Judgment for plaintiff and defendant appeals. Counsel insist that under the case of City Del. Co. v. Henry, 139 Ala. 161, the demurrers should have been sustained to the complaint.
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Appeal from Slielby County Court. Heard before Hon. E. S. Lyman. Action by Baline Burnett against the Southern Railway Company for damages for an alleged assault upon him while a passenger. Judgment for plaintiff and defendant appeals. Counsel insist that under the case of City Del. Co. v. Henry, 139 Ala. 161, the demurrers should have been sustained to the complaint. The relation of passenger and earlier had ceased when the assault happened, and hence, the carrier ivas not liable. — Indianapolis St. Ry. v. Tenner, 67 N. E. 1044; Moulton v. Bir. R. L. é P. Co., 153 Ala. 93; A. G. O. & Ry. Go.…
1Opinion of the CourtWalker, P. J.
There was evidence from which the jury conld have found that the assault of which the plaintiff, appellee here, complained was committed under the following circumstances: The plaintiff was a passenger on the defendant’s train from Calera to Montevallo. He did not have a ticket. The cash fare was 30 cents. The auditor or fare collector on the train received from him a silver half dollar, and did not give him back any change. . The car on which the plaintiff rode stopped at the usual stopping place at Montevallo, which was where the railroad tracks cross a street or public road. There was a…
2Cases cited9 opinions
- Goodloe v. Memphis & Charleston RailroadSupreme Court of Alabama · 1894
- Alabama Great Southern Railway Co. v. GodfreySupreme Court of Alabama · 1908
- Montgomery Street Railway Co. v. MasonSupreme Court of Alabama · 1901
- O'Brien v. St. Louis Transit Co.Supreme Court of Missouri · 1904
- Alabama G. S. Ry. Co. v. CogginsCourt of Appeals for the Sixth Circuit · 1898
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3Cited by1 opinion
- Ex parte BurnettSupreme Court of Alabama · 1913