Orr v. Boockholdt
Alabama Court of Appeals
Appeal from Birmingham City Court. Heard, before Hon. William M. Walker. Action by Mrs. Lillie Boocldioldt against Orr & Lanning. From a judgment for plaintiff, defendants appeal.
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Appeal from Birmingham City Court. Heard, before Hon. William M. Walker. Action by Mrs. Lillie Boocldioldt against Orr & Lanning. From a judgment for plaintiff, defendants appeal. The third count was as follows: Plaintiff claims of defendant the sum of $500 as damages, for that, to wit, heretofore, on, to wit, the 17th day of October, 1911, plaintiff was riding along a public highway below Powderly, in Jefferson county, Alabama, going to the funeral of, to wit, one Mrs. Fries. Plaintiff avers that Mr. Fries, husband of deceased, contracted through his agent, G-audin Undertaking Company with…
1Opinion of the CourtThomas, J.
The case of the plaintiff (appellee here) is fully stated in count 3 of the complaint, which the Reporter will set out. Demurrers to this count Avere overruled, the action of the court in doing which is made the basis of the first assignment of error.
*334One criticism urged against the count is that it fails to show or allege that the defendants were common carriers; but we think this immaterial. The distinction between a public or common carrier of passengers and a special or private carrier of the same is that it is the duty of the former to receive all who apply for passage, so long as there…
2Cases cited16 opinions
- Stokes v. SaltonstallSupreme Court of the United States · 1839
- Tennessee Coal, Iron & R. R. v. SmithSupreme Court of Alabama · 1911
- Leach, Harrison & Forwood v. BushSupreme Court of Alabama · 1876
- Gulf, Colorado & Santa Fe Railway Co. v. WilsonTexas Supreme Court · 1891
- First National Bank v. ChandlerSupreme Court of Alabama · 1905
11 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Shannon v. Central-Gaither Union School DistrictCalifornia Court of Appeal · 1933
- Haney v. TakakuraCalifornia Court of Appeal · 1934
- Sullivan v. RichardsonCalifornia Court of Appeal · 1931
- State Compensation Ins. Fund v. Bankers Indem. Ins. Co.Court of Appeals for the Ninth Circuit · 1939
- Louisville N. R. Co. v. JohnsSupreme Court of Alabama · 1953
5 more not listed; retrieve them via the Exa API.