Louisville & Nashville Railroad v. Fuqua
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. John H. Miller. Action by Mrs. Nellie M. Fuqua against the Louisville & Nashville Railroad Company for damages for being carried beyond her destination as a passenger. Judgment for plaintiff and defendant appeals.
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Appeal from Birmingham City Court. Heard before Hon. John H. Miller. Action by Mrs. Nellie M. Fuqua against the Louisville & Nashville Railroad Company for damages for being carried beyond her destination as a passenger. Judgment for plaintiff and defendant appeals. The court was in error in instructing the jury as a matter of law to return a verdict for plaintiff.—8 A. & E. Enc. of Law, 560. Neither the flagman nor the conductor knew of plaintiff’s destination until after it was passed, and the presumption was that the group of which plaintiff was one, were going to the place indicated by…
1Opinion of the CourtMcOLELLAN, J.
Action by a ticket passenger against the carrier for negligent breach of duty in carrying the passenger beyond her destination. There were three counts, but those numbered 2 and 3 were charged out at defendant’s instance. The right, under the evidence, to recover exemplary damages was denied plaintiff by instructions given the jury. The fact that plaintiff was carried by her destination, stipulated in her ticket, Avas admitted. Her destination, Magella Station, Avas a flag station about three miles from the city of Birmingham.
In the absence of binding (upon a ticket passenger) rule of the…
2Cases cited4 opinions
- Chattanooga, Rome & Columbus Railroad v. LyonSupreme Court of Georgia · 1892
- Louisville & Nashville Railroad v. SealeSupreme Court of Alabama · 1909
- Louisville & Nashville R. R. v. SealeSupreme Court of Alabama · 1911
- Missouri, Kansas & Texas Railway Co. v. GlassCourt of Appeals of Texas · 1907
3Cited by3 opinions
- Nashville, C. & St. L. Ry. v. CampbellSupreme Court of Alabama · 1924
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. BoysIndiana Court of Appeals · 1919
- Pollard v. JarrettSupreme Court of Alabama · 1936