Ex Parte Louisville & N. R. Co.
Supreme Court of Alabama
Certiorari to Court of Appeals. Action by D. S. Lacey against the Louisville & Nashville Railroad Company. Judgment for plaintiff, and defendant appealed to the Court of Appeals, which affirmed the judgment (82 South. 636), and defendant brings certiorari. '
1Opinion of the CourtSomerville, J.
The complaint is “for an assault and battery committed on plaintiff by the defendant through its servant or agent on one of its passenger trains, who was acting in the line and scope of his employment.”
[1] As correctly held by- the Court of Appeals, the complaint is in trespass vi et armis, and not in case; and the plea of limitations of one year was therefore subject to demurrer.
[2] The plaintiff's evidence showed that he was a passenger on the defendant’s train, and that, without fault on his part, he was assaulted and beaten by the conductor while in charge of the train for the defendant.
On…
2Cases cited7 opinions
- City Delivery Co. v. HenrySupreme Court of Alabama · 1903
- Central of Georgia Railway Co. v. BrownSupreme Court of Georgia · 1901
- Bessemer Coal, Iron & Land Co. v. DoakSupreme Court of Alabama · 1907
- Birmingham Railway & Electric Co. v. BairdSupreme Court of Alabama · 1900
- Louisville & Nashville R. R. v. AbernathySupreme Court of Alabama · 1916
2 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Reed v. Ridout's Ambulance, Inc.Supreme Court of Alabama · 1925
- Louisville & Nashville Railroad Company v. JohnsSupreme Court of Alabama · 1958
- Alabama Co. v. NorwoodSupreme Court of Alabama · 1924
- Dawsey v. NewtonSupreme Court of Alabama · 1943
- Hawkins v. BarberSupreme Court of Alabama · 1935
20 more not listed; retrieve them via the Exa API.