Cooney v. Pullman Palace Car Co.
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. W. W. Wilkekson. R. L. Cooney brought this suit to recover damages of the defendant, a sleeping car company, for loss of personal effects from the car in which he was sleeping. The case was tried without a jury and judgment was given for the defendant. The facts are sufficiently stated in the opinion. cited, Pullman Oar Co. v. Lowe, 26 Am.
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Appeal from the City Court of Birmingham. Tried before the Hon. W. W. Wilkekson. R. L. Cooney brought this suit to recover damages of the defendant, a sleeping car company, for loss of personal effects from the car in which he was sleeping. The case was tried without a jury and judgment was given for the defendant. The facts are sufficiently stated in the opinion. cited, Pullman Oar Co. v. Lowe, 26 Am. St. R’p’ts, p. 325; Foss v. Wagner Palace Gar Go., 44 N. E. 1010; Voss v. Cleveland G. O. & St. Louis R. R., 43 N. E. 20; 42 Mo. Appeals, 134. contended that tlie burden of negligence was on…
1Opinion of the CourtDowdell, J.
— In the recent case of Pullman Palace Car Company v. Adams, 24 So. Rep. 925, 120 Ala. 581, decided by this court, it was said: “The rule now seems to be well settled that sleeping car companies are not held to the responsibility of common carriers and inn-keepers. Many reasons for this distinction will be found stated in the text-hooks and decisions, and nowhere more fully, perhaps, than in Blum v. Car Co., 1 Flip. 500, Fed. Cas., Vol. 3, Case 1, 574;” citing Hutch. Carr. 617d; 22 Am. & Eng. Ency. Law, 797 ivhere the authorities may be found collated. The writer of this opinion is, however,…
2Cases cited4 opinions
- International & G. N. R'y Co. v. NicholsonTexas Supreme Court · 1884
- Lewis v. New York Sleeping Car Co.Massachusetts Supreme Judicial Court · 1887
- Pullman Palace Car Co. v. AdamsSupreme Court of Alabama · 1898
- Blum v. Southern Pullman Palace Car Co.U.S. Circuit Court for the District of Western Tennessee · 1876
3Cited by14 opinions
- Southern Express Co. v. OwensSupreme Court of Alabama · 1906
- Coplon v. StateAlabama Court of Appeals · 1916
- DeMoville v. Merchants & Farmers BankSupreme Court of Alabama · 1936
- Whitehead v. StateAlabama Court of Appeals · 1918
- White v. HenrySupreme Court of Alabama · 1950
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