Alabama Great Southern R. R. v. Pouncey
Alabama Court of Appeals
Injury to Passenger. Appear from Birmingham City Court. Heard before Hon. Charles W. Ferguson. Action by Cobb Poiincey against the Alabama Great Southern Railroad Company, for damages for an alleged injury arising from abusive or insulting language used towards him by an employee of defendant. Judgment for plaintiff and defendant appeals.
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Injury to Passenger. Appear from Birmingham City Court. Heard before Hon. Charles W. Ferguson. Action by Cobb Poiincey against the Alabama Great Southern Railroad Company, for damages for an alleged injury arising from abusive or insulting language used towards him by an employee of defendant. Judgment for plaintiff and defendant appeals. The court erred in overruling demurrer to the complaint as it clearly pointed out the defect therein of a failure to show the servant or agent was acting within the line and scope of his employment. — L. & N. v. Johnson, 50 South. 300; 8. 8. & I. Co. v.…
1Opinion of the CourtWalker, P. J.
The single count of the complaint in this case, after averring, in effect, that at the time of the commission of the alleged wrong complained of the plaintiff was a passenger on a train of the defendant, averred that “defendant’s servant or agent on said train used towards plaintiff abusive or insulting language, and as a proximate consequence thereof plaintiff was greatly humiliated,” etc. The court overruled the defendant’s demurrer to the complaint, which assigned, among other grounds, “that said complaint fails to allege or show that the servant mentioned in said complaint was acting…
2Cases cited7 opinions
- Hill v. StateSupreme Court of Alabama · 1906
- Barlow v. HamiltonSupreme Court of Alabama · 1907
- Lampkin v. Louisville & Nashville RailroadSupreme Court of Alabama · 1894
- Louisville & Nashville R. R. v. JohnsonSupreme Court of Alabama · 1909
- Riley v. StateSupreme Court of Alabama · 1902
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Morrison v. ClarkSupreme Court of Alabama · 1916
- Republic Iron & Steel Co. v. SelfSupreme Court of Alabama · 1915
- Hall v. Seaboard Air Line Railway Co.Supreme Court of Florida · 1921
- Louisville & Nashville R. R. v. LaneyAlabama Court of Appeals · 1915
- Drennen Motor Car Co. v. WebbSupreme Court of Alabama · 1933
1 more not listed; retrieve them via the Exa API.