Alabama City, G. & A. Ry. Co. v. Sampley
Supreme Court of Alabama
Damage for Assault and Battery on Passenger. Appeal from Etowah Circuit Court. Heard before Hon. John W. Inzer. Action by James J. Sampley against the Alabama City, Gadsden & Attalla Railway Company. Prom a judgment for plaintiff, defendant appeals.
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Damage for Assault and Battery on Passenger. Appeal from Etowah Circuit Court. Heard before Hon. John W. Inzer. Action by James J. Sampley against the Alabama City, Gadsden & Attalla Railway Company. Prom a judgment for plaintiff, defendant appeals. The questions referred to in assignments 15 and 16 are as follows: “Did you abuse the conductor?” “Did-n’t you try to bulldoze him?” The following charges were refused to the defendant: “(2) Unless the plaintiff has lifted the burden of proof, and satisfied the jury that Lovejoy assaulted plaintiff while on the car or on its step, the plaintiff is…
1Opinion of the CourtSayre, J.
Suing as a passenger, appellee claimed damages for an assault and battery at the hands of defendant’s conductor; The fourth count alleges that plaintiff was, on an occasion specified, a passenger on one of defendant’s cars, and that while he was a passenger defendant’s conductor in charge of the car did assault and heat him. No good purpose was served by incumbering the count with the averment of details. On a principle to he referred to presently it may have been that plaintiff’s right to a passenger’s immunity from abuse and mistreatment by defendant’s servants extended beyond the time when…
2Cases cited6 opinions
- Birmingham Railway & Electric Co. v. BairdSupreme Court of Alabama · 1900
- Torrey v. BurneySupreme Court of Alabama · 1896
- Montgomery Street Railway Co. v. MasonSupreme Court of Alabama · 1901
- Kelly v. BurkeSupreme Court of Alabama · 1902
- Birmingham Railway Light & Power Co. v. AndersonSupreme Court of Alabama · 1909
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- B'ham Ry. L. & P. Co. v. BarrettSupreme Court of Alabama · 1912
- Pollard v. WilliamsSupreme Court of Alabama · 1939
- Southern Metal Treating Co. v. GoodnerSupreme Court of Alabama · 1960
- B'ham Ry. L. & P. Co. v. ColemanSupreme Court of Alabama · 1913
- Lee Line Steamers v. RobinsonCourt of Appeals for the Sixth Circuit · 1914
11 more not listed; retrieve them via the Exa API.