Louisville & Nashville Railroad v. Mason
Alabama Court of Appeals
Appeal from- Bessemer City Court. Heard before Hon. William Jackson. Action by Thomas Mason against the Louisville & Nashville Railroad Company, - for damages for being ejected from one of its passenger trains.- Judgment for plaintiff and defendant appeals. The court erred in overruling demurrers to the 1st count. — McGhee ■& Fmfo v. Reynolds, 117 Ala. 419; L. & N. v. Beale, 160 Ala. 588; Sí.
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Appeal from- Bessemer City Court. Heard before Hon. William Jackson. Action by Thomas Mason against the Louisville & Nashville Railroad Company, - for damages for being ejected from one of its passenger trains.- Judgment for plaintiff and defendant appeals. The court erred in overruling demurrers to the 1st count. — McGhee ■& Fmfo v. Reynolds, 117 Ala. 419; L. & N. v. Beale, 160 Ala. 588; Sí. S. & B. R. R. Oo. v. Campbell, 158 Ala. 438; St. L. & S. F. R. R. Oo. v. Pearce, 159 Ala. 144. On the same authorities, the demurrer to count 2 should have been sustained. The court erred in sustaining…
1Opinion of the Court
de GRAFFENRIED, J.
There were two counts to the complaint. In the first count the appellee claimed damages of the appellant because he alleges he purchased of the appellant’s ticket agent at Bessemer a ticket which entitled him to be carried as a passenger on appellant’s train from Bessemer to Sumter; further alleging that, he boarded the proper train of the appellant for' the purpose of going to Sumter, and that after *355the train had started on its trip to Snmter and gone some distance, to wit, a mile, the conductor of the train, a servant of appellant, while acting within the line or scope of…
2Cases cited6 opinions
- The People v. . the Rector, C., of Trinity ChurchNew York Court of Appeals · 1860
- Persons v. HightSupreme Court of Georgia · 1848
- Turnipseed v. BurtonAlabama Court of Appeals · 1912
- Grubbs v. HawesSupreme Court of Alabama · 1911
- King v. SawyerAlabama Court of Appeals · 1911
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- United States Health & Accident Ins. v. HillAlabama Court of Appeals · 1913
- Rhodes v. SewellAlabama Court of Appeals · 1926
- Birmingham Railway, Light & Power Co. v. McLeodAlabama Court of Appeals · 1913
- Louisville & Nashville R. R. v. MasonAlabama Court of Appeals · 1914
- Louisville N. R. Co. v. HambySupreme Court of Alabama · 1922
3 more not listed; retrieve them via the Exa API.