Alabama City G. & A. Ry. Co. v. Cox
Supreme Court of Alabama
Appeal from Gadsden City Court. Heard before Hon. John H. Disque. Action by Mary E. Cox against Alabama City, Gadsden & Attalla Railway Company. From,' a judgment for •plaintiff, defendant appeals..
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Appeal from Gadsden City Court. Heard before Hon. John H. Disque. Action by Mary E. Cox against Alabama City, Gadsden & Attalla Railway Company. From,' a judgment for •plaintiff, defendant appeals.. The complaint consisted of four counts, and, as 'amended, count 1 states the relation between tbe parties to have been that of passenger and carrier, the payment of fare, the information to the conductor in charge of the car that the plaintiff desired to alight at Car Works station, and the negligent failure of the servants or agents of the defendant in charge of the car to stop said car at said…
1Opinion of the CourtMayfield, J.
The appellee, a woman about 60 or 65 years of age, sued appellant, a common carrier of passengers.
Each count of the complaint upon which the trial was had, as last amended, alleged the relation of passenger and common carrier between plaintiff and defendant, and therefrom a duty on the part of the latter to carry plaintiff as a passenger, in accordance with a contract alleged, from the city of Gadsden to a station upon its line known as Car Works station; and then alleged a breach of that duty, in that the carrier failed to stop its car at the station of the plaintiff’s destination, but…
2Cases cited7 opinions
- Mobile Light & R. R. v. Walsh, C.Supreme Court of Alabama · 1906
- Melton v. Birmingham Railway Light & Power Co.Supreme Court of Alabama · 1907
- Dilburn v. L. & N. R. R.Supreme Court of Alabama · 1908
- L. & N. R. R. v. QuinnSupreme Court of Alabama · 1905
- Louisville & Nashville Railroad v. SealeSupreme Court of Alabama · 1909
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3Cited by4 opinions
- Southern Railway Co. v. HerronAlabama Court of Appeals · 1915
- Terre Haute, Indianapolis & Eastern Traction Co. v. HunterIndiana Court of Appeals · 1916
- Central of Georgia Ry. Co. v. SmithSupreme Court of Alabama · 1928
- Central of Georgia Ry. Co. v. BarnitzAlabama Court of Appeals · 1916