Louisville & Nashville Railroad v. Kay
Alabama Court of Appeals
Appeal from Birmingham City Court. Heard before Hon. Charles W. Ferguson. Action by R E. Kay against the Louisville & Nashville Bailroad Company. Judgment for plaintiff, and defendant appeals.
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Appeal from Birmingham City Court. Heard before Hon. Charles W. Ferguson. Action by R E. Kay against the Louisville & Nashville Bailroad Company. Judgment for plaintiff, and defendant appeals. Count 3 alleges, in effect, that defendant was a common carrier of passengers for hire or reward, and that plaintiff was at defendant’s regular depot or station house in the .city of Birmingham for the purpose of taking passage on one of defendant’s train en route to Montgomery, and then and there applied to defendant’s ticket agent, whose name to plaintiff is unknown, for the purchase of a ticket from…
1Opinion of the CourtWalker, P. J.
— It is contended for the appellant that the third count of the complaint, upon which alone the case went to the jury, was subject to demurrer, on the ground suggesting its failure to show that the injury *567complained of occurred within a reasonable time before the departure of the train on which the plaintiff proposed to take passage. It is argued that the averment of the count on this subject was merely a statement of the conclusion of the pleader. If this is conceded, still it does not follow that the count was subject to demurrer on the ground mentioned. Its averments show that prior to the…
2Cases cited5 opinions
- Sparks v. McCrearySupreme Court of Alabama · 1908
- Tallassee Falls Manufacturing Co. v. Western RailwaySupreme Court of Alabama · 1900
- Garrett v. SewellSupreme Court of Alabama · 1895
- Southern Railway Co. v. BrantleySupreme Court of Alabama · 1902
- Alabama City G. & A. Ry. Co. v. VentressSupreme Court of Alabama · 1911
3Cited by5 opinions
- Liverpool London Globe Ins. Co. v. McCreeSupreme Court of Alabama · 1925
- Southern Railway Co. v. JordanSupreme Court of Alabama · 1915
- Jefferson v. Republic Iron & Steel Co.Supreme Court of Alabama · 1922
- Huntsville Knitting Mills v. ButnerSupreme Court of Alabama · 1917
- English v. StateAlabama Court of Appeals · 1916