Southern Ry. Co. v. Melton
Supreme Court of Alabama
Appeal from Jackson Circuit Court. Heard before Hon. W. W. Haralson. Action by Saliie Melton against the Southern Railway Company for damages for being set down at a station other than her destination. Judgment for plaintiff, and defendant appeals.
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Appeal from Jackson Circuit Court. Heard before Hon. W. W. Haralson. Action by Saliie Melton against the Southern Railway Company for damages for being set down at a station other than her destination. Judgment for plaintiff, and defendant appeals. The complaint was in the following language: “ (1) Plaintiff:, Saliie Melton, claims of defendant, the Southern Railway Company, a corporation, the sum of $500 as damages, for this: That on or about the 7th day of May 1906, plaintiff went to the ticket office of the Southern Railway Company at Athens, Ténn., and purchased a ticket from defendant’s,…
1Opinion of the Court
DOWDELL,, J.
The complaint, after amendment was not. open to the grounds of demurrer stated. In each of the counts the relationship of passenger and carrier was shown,, as also the duty for the alleged violation of which the suit Avas brought. A substantial cause of action Avas stated.
The Avords “put off the train,” Avhere they are used in the complaint and the connection in which they are used, *409were not intended to convey the idea of any forcible ejection. It is plain from the reading of the complaint that the expression in the connection employed implies nothing more than that the plaintiff…
2Cited by2 opinions
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