Louisville & N. R. Co. v. Harper
Supreme Court of Alabama
Appeal from Circuit Court, Morgan County; O. Kyle, Judge. Action by Guthrie Harper against the Louisville & Nashville Railroad Company. Judgment for plaintiff, and defendant appealed.
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Appeal from Circuit Court, Morgan County; O. Kyle, Judge. Action by Guthrie Harper against the Louisville & Nashville Railroad Company. Judgment for plaintiff, and defendant appealed. Transferred from Court of Appeals, under section 6, p. 449, Acts 1911. . The following is the count of the complaint referred to in the opinion: The plaintiff claims of the defendant $1,000 damages for that the defendant on, to wit, January 6, 1917, operated a line of railway from Hartselle, Morgan county, Ala., to a station on its railroad known as Wilhite, in Morgan county, Ala., with engines and cars for the…
1Opinion of the CourtThomas, J.
The count was not subject to demurrer directed thereto. The question is, Had the plaintiff the right to ride upon the train without paying the extra fare required by defendant, if its conductor had informed or arranged with plaintiff that tire latter would have a reasonable opportunity to purchase a ticket at Falkville, from that point to Wilhite, and defendant failed to give or provide him such an opportunity?
[1] Under the law the conductor in charge of the train, in the discharge of the duties of his employment, is vested with the power of the defendant company in the collection of fares…
2Cases cited15 opinions
- Dwinelle v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1890
- Republic Iron & Steel Co. v. SelfSupreme Court of Alabama · 1915
- Clancy v. BarkerCourt of Appeals for the Eighth Circuit · 1904
- North Birmingham Railway Co. v. LiddicoatSupreme Court of Alabama · 1892
- Louisville & Nashville Railroad v. HineSupreme Court of Alabama · 1898
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3Cited by4 opinions
- Louisville N. R. Co. v. RobinsonSupreme Court of Alabama · 1925
- Dixon v. Hotel Tutwiler Operating Co.Supreme Court of Alabama · 1926
- Jepsen v. Gallatin Valley Ry. Co.Montana Supreme Court · 1921
- Southern Ry. Co. v. BlackwellSupreme Court of Alabama · 1924