Louisville & Nashville Railroad v. Bizzell
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried, before the Hon. Williaxi S. Anderson. This action was brought by the appellee, J. I. Bizzell, against the L. & N. R. R. Co., to recover $2,000 damages for the ejection of plaintiff from one of thepassenger trains operated by the defendant. The original complaint consisted of but a single count, but an additional count was added by way of an amendment.
Read the full summary
Appeal from the Circuit Court of Mobile. Tried, before the Hon. Williaxi S. Anderson. This action was brought by the appellee, J. I. Bizzell, against the L. & N. R. R. Co., to recover $2,000 damages for the ejection of plaintiff from one of thepassenger trains operated by the defendant. The original complaint consisted of but a single count, but an additional count was added by way of an amendment. Eacli count alleges, tliat plaintiff, on November 26th, 1897, boarded one of the defendant’s; passenger trains at Flomaton, Alabama, to go to Wilson, Alabama; that he had an unlimited ticket…
1Opinion of the CourtSi-Iarpe, J.
A railroad company is not bound to contract for carriage in the indefinite future and, therefore, in selling tickets to passengers it may lawfully limit the time within which they are to be used. Such a limit may be fixed by agreement, which like other agreements not controlled by 'Statute, may be either express or implied. A ticket like the one exhibited in the complaint being silent as to the time when the journey shall be commenced, would, if standing alone, be construed as evidencing an intention on the carrier’s part not to restrict that time. But such a ticket contains nothing…
2Cases cited2 opinions
- South & North Ala. Railroad v. McLendonSupreme Court of Alabama · 1879
- Kansas City, Memphis & Birmingham Railroad v. CrockerSupreme Court of Alabama · 1891
3Cited by16 opinions
- Winn & Lovett Grocery Co. v. ArcherSupreme Court of Florida · 1936
- Henderson by Hartsfield v. Alabama PowerSupreme Court of Alabama · 1993
- Treadwell Ford, Inc. v. LeekSupreme Court of Alabama · 1961
- Coleman v. PepperSupreme Court of Alabama · 1909
- Western Union Telegraph Co. v. WestmorelandSupreme Court of Alabama · 1907
11 more not listed; retrieve them via the Exa API.