Mobile & Ohio R. R. v. Spenny
Alabama Court of Appeals
Damage to Passenger. Appeal from Autauga Circuit Court. Heard before Hon. W. W. Pearson. V. A. Spenny sues the Mobile & Ohio R. R. Co. for damages for ejecting him while a passenger, under ther circumstances as set out in the opinion. Judgment for plaintiff and defendant appeals.
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Damage to Passenger. Appeal from Autauga Circuit Court. Heard before Hon. W. W. Pearson. V. A. Spenny sues the Mobile & Ohio R. R. Co. for damages for ejecting him while a passenger, under ther circumstances as set out in the opinion. Judgment for plaintiff and defendant appeals. (This cause was taken by certiorari to the Supreme Court where the majority opinion was affirmed. — Spen-ny v. Mobile & 0. R. Go., 68 South. 780. Reporter.) The assignments of error present for consideration or raise the construction given by the court to certain sections of the Code, which appellant insist are…
1Opinion of the CourtThomas, J.
The action is by the appéllee, Spen-ny, against appellant railroad company for damages for ejecting him from one of the latter’s passenger trains. The facts of the case are practically without dispute and may, so far as material to the consideration here, be briefly stated as follows: The appellee is a white man, and Avas, at the time of such ejection, sheriff of Autauga county, Ala., and had then in his custody a negro prisoner, Avith Avhom he had boarded said train at Montgomery, Ala., for transportation to Prattville,-Ala., having then in his possession, for which he had paid full fare,…
2Cases cited32 opinions
- Yick Wo v. HopkinsSupreme Court of the United States · 1886
- Plessy v. FergusonSupreme Court of the United States · 1896
- United States v. FisherSupreme Court of the United States · 1805
- Patsone v. PennsylvaniaSupreme Court of the United States · 1914
- Central Lumber Co. v. South DakotaSupreme Court of the United States · 1912
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3Cited by2 opinions
- State Ex Rel. Smith v. JusticeSupreme Court of Alabama · 1917
- Illinois Central R. v. CoxMississippi Supreme Court · 1923