Culberson v. Empire Coal Co.
Supreme Court of Alabama
Appeal from Walker Law and Equity Court. Heard before Hon. T. L. Sowell. Action by John M. Culberson against the Empire Coal Company for damages for an assault and battery committed upon bim by other passengers while a passenger himself on one of defendant’s cars. From a judgment for defendant, plaintiff appeals.
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Appeal from Walker Law and Equity Court. Heard before Hon. T. L. Sowell. Action by John M. Culberson against the Empire Coal Company for damages for an assault and battery committed upon bim by other passengers while a passenger himself on one of defendant’s cars. From a judgment for defendant, plaintiff appeals. The third count of the complaint was in the following language: “Plaintiff claims of defendant, the Empire Coal Company, a coporation, $50,000 damages, for that on, to-wit, the 2d day of October, 1905, the defendant was operating a railroad between Bergin and Empire, in Walker…
1Opinion of the CourtAnderson, J.
The third count of the complaint sufficiently averred that the plaintiff was a passenger and that the defendant was a carrier of passengers for hire. It also avers that the conductor or other servants of the defendant knew of the. impending danger to the plaintiff from Ross-and Rainer, and knowingly failed or refused to discharge the duty devolved upon them by .interfering in order to protect the plaintiff, “and such negligence on the part of said servants of the defendant resulted in the injuries' to plaintiff as aforesaid.” If *420the officers could have prevented the injuries to the plaintiff…
2Cases cited13 opinions
- New Orleans & Northeastern Railroad v. JopesSupreme Court of the United States · 1891
- Stewart v. . Brooklyn and Crosstown R.R. Co.New York Court of Appeals · 1882
- Dwinelle v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1890
- Birmingham Railway & Electric Co. v. BairdSupreme Court of Alabama · 1900
- Brown v. Commercial Fire InsuranceSupreme Court of Alabama · 1888
8 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Nashville, Chattanooga & St. Louis Railway v. CrosbySupreme Court of Alabama · 1915
- Southeastern Greyhound Lines v. CallahanSupreme Court of Alabama · 1943
- B'ham Ry. L. & P. Co. v. GlennSupreme Court of Alabama · 1912
- Seaboard Air Line Railway Co. v. MobleySupreme Court of Alabama · 1915
- Ashworth v. Alabama Great Southern R. Co.Supreme Court of Alabama · 1924
3 more not listed; retrieve them via the Exa API.