Louisville & N. R. R. v. Cornelius
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Action by Nannie Cornelius against the Louisville & Nashville Railroad Company, for damages for being carried beyond her destination while a passenger on one of defendant’s trains. Judgment for plaintiff and defendant appeals. The court should have sustained demurrer to count 3. — Bir. Ü. Ry. v. Smith, 90 Ala. 50; B. & A. Ry.
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Appeal from Jefferson Circuit Court. Action by Nannie Cornelius against the Louisville & Nashville Railroad Company, for damages for being carried beyond her destination while a passenger on one of defendant’s trains. Judgment for plaintiff and defendant appeals. The court should have sustained demurrer to count 3. — Bir. Ü. Ry. v. Smith, 90 Ala. 50; B. & A. Ry. Go. v. Norris, 59 South. 63. There was no necessity to refile the demurrer after the amendment to the complaint, since the amendment was not made to meet the point in the demurrer. — B. R. L. & P. Go. v. Fox, 56 South. 1013. The court…
1Opinion of the CourtSayre, J.
— Appellee sued as a passenger for damages for that defendant carried her beyond her agreed stopping place. The complaint averred that the defendant “negligently failed or refused to stop said train at Graces a sufficient length of time for the plaintiff to alight while the train was not in motion.” Defendant demurred to the complaint as exacting too much of it. It is said that there should have been an averment that plaintiff had not time to alight, using reasonable diligence. We think the pleading fairly and sufficiently warned defendant of the cause and character of the complaint it was…
2Cases cited8 opinions
- Mitchell v. StateSupreme Court of Alabama · 1877
- Alabama Great Soiitliern Railroad v. HawkSupreme Court of Alabama · 1882
- Callaway & Truitt v. GaySupreme Court of Alabama · 1904
- Swann v. KiddSupreme Court of Alabama · 1885
- Mobile Light & R. R. v. BakerSupreme Court of Alabama · 1908
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Canadian Industrial Alcohol Co. v. NelsonSupreme Court of Delaware · 1936