Lampkin v. Louisville & Nashville Railroad
Supreme Court of Alabama
Appeal from the City Court of Decatur. Tried before the Hon. W. H. Simpson. This was an action,of tort brought by the appellant, Lyman Lampkin, against the appellee, the Louisville & Nashville Railroad Company, to recover damages for an alleged breach of duty to plaintiff by reason of an alleged assault committed upon plaintiff by one of the defendant’s brakmen, while the plaintiff was a passenger upon one of the defendant’s passenger trains.
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Appeal from the City Court of Decatur. Tried before the Hon. W. H. Simpson. This was an action,of tort brought by the appellant, Lyman Lampkin, against the appellee, the Louisville & Nashville Railroad Company, to recover damages for an alleged breach of duty to plaintiff by reason of an alleged assault committed upon plaintiff by one of the defendant’s brakmen, while the plaintiff was a passenger upon one of the defendant’s passenger trains. The complaint, after alleging that the defendant was a railroad corporation, engaged iii the business of the carriage of passengers for hire, continued…
1Opinion of the CourtHaralson, J.
— In Goddard v. Grand T. R. Co., 37 Me. 202, s. c. 2 Am. Rep. 39,in discussing the question now before us, the court says: "The carrier’s obligation is to carry his passenger safely and properly, and to treat him respectfully ; and if he entrusts the performance of this duty to his servants, the law holds him responsible for the manner in which they execute the trust. * * * He must not only protect his passengers against the violence and insults of strangers and co-passengers, but a fortiori, against the violence and insults of his own servants.” To the same effect, is the case of the Chicago…
2Cases cited10 opinions
- Craker v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
- Bryant v. RichMassachusetts Supreme Judicial Court · 1870
- Ala. Great Southern Railroad v. FrazierSupreme Court of Alabama · 1890
- Chicago & Eastern Railroad v. FlexmanIllinois Supreme Court · 1882
- New Orleans, St. Louis & Chicago Railroad v. BurkeMississippi Supreme Court · 1876
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Case v. HulsebushSupreme Court of Alabama · 1898
- B'ham Ry. L. & P. Co. v. ColemanSupreme Court of Alabama · 1913
- Daniels v. CarneySupreme Court of Alabama · 1906
- Southern Railway Co. v. WildmanSupreme Court of Alabama · 1898
- Steele v. MaySupreme Court of Alabama · 1902
7 more not listed; retrieve them via the Exa API.