Louisville & Nashville Railroad v. Johnson
Supreme Court of Alabama
Appeal from the Circuit Court of Cullman. Tried before the Hon. H. C. Speakb. A conductor on a railroad train can put off a passenger, who has no ticket and refuses to pay his fare, using no more force than is necessary, and is not bound to put him off at a station. — McClure v. P. W. c& B. R. R. Co., 34 Md. 532; Hofbauer v. D. á N. R. R. Co., 52 Iowa 342; Toledo W. c& W. R. R. Co. v. Wright, 68 Ind. 586; Indianapolis c&c., R. R. Co. v. Rinard, 46 Ind. 293; O'Brien v. Boston…
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Appeal from the Circuit Court of Cullman. Tried before the Hon. H. C. Speakb. A conductor on a railroad train can put off a passenger, who has no ticket and refuses to pay his fare, using no more force than is necessary, and is not bound to put him off at a station. — McClure v. P. W. c& B. R. R. Co., 34 Md. 532; Hofbauer v. D. á N. R. R. Co., 52 Iowa 342; Toledo W. c& W. R. R. Co. v. Wright, 68 Ind. 586; Indianapolis c&c., R. R. Co. v. Rinard, 46 Ind. 293; O'Brien v. Boston Railroad Co., 15 Cray 20; Hibbard v. Erie R. R. Co., 15 N. Y. 455; Grt. Wes. R. R. Co. v. Miller, 19 Mich. 305 ; Terre…
1Opinion of the CourtClopton, J.
Appellee, as administratrix, sues to recover damages for the death of A. W. Johnson, alleged to have been caused by the culpable negligence of the employés of defendant. Plaintiff’s intestate having taken passage on a train of defendant, and having wilfully and persistently refused to pay his fare when asked, becoming boisterous and using profane and very obscene language, clearly shown by the evidence, it became the duty of the conductor to protect defendants against such intrusion,, and the passengers against insult and annoyance. The right of the conductor to put him off the train, under…
2Cases cited7 opinions
- Memphis & Charleston Railroad v. WomackSupreme Court of Alabama · 1887
- Great Western Railway Co. v. MillerMichigan Supreme Court · 1869
- McClure v. Philadelphia, Wilmington & Baltimore RailroadCourt of Appeals of Maryland · 1871
- Louisville, Cincinnati & Lexington Railroad v. SullivanCourt of Appeals of Kentucky · 1884
- Louisville & Nashville Railroad v. BlackSupreme Court of Alabama · 1889
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Johnson v. Louisville & Nashville RailroadSupreme Court of Alabama · 1893
- L. & N. R. R. v. Johnson Admx.Supreme Court of Alabama · 1895
- Birmingham Ice & Cold Storage Co. v. AlleySupreme Court of Alabama · 1945
- Ashworth v. Alabama Great Southern R. Co.Supreme Court of Alabama · 1924
- Birmingham Electric Co. v. BaileyAlabama Court of Appeals · 1943
6 more not listed; retrieve them via the Exa API.