Ala. Great Southern Railroad v. Heddleston
Supreme Court of Alabama
Appeal from tire Circuit Court of Greene. Tried before the Hon. S. H. Sprott. This action was broughtlxy, J. L. Heddleston, against the appellant, as a common carrier, owning and operating a railroad which ran between Epes’ Station, in Sumter county, and Stewart’s Station in Hale county ; and was commenced on the 1st September, 1885. The complaint contained only one count, and claimed $8,000 as damages, on the following allegations: “On the 9tli April, 1885, plaintiff…
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Appeal from tire Circuit Court of Greene. Tried before the Hon. S. H. Sprott. This action was broughtlxy, J. L. Heddleston, against the appellant, as a common carrier, owning and operating a railroad which ran between Epes’ Station, in Sumter county, and Stewart’s Station in Hale county ; and was commenced on the 1st September, 1885. The complaint contained only one count, and claimed $8,000 as damages, on the following allegations: “On the 9tli April, 1885, plaintiff applied at Epes’ Station for transportation by defendant to Stewart’s Station, and purchased of said defendant’s ticket-agent…
1Opinion of the CourtStone, C. J.
— Plaintiff, Heddleston, purchased from defendants ticket-agent, at Epes’ Station, a ticket from that place to Stewart’s Station on the same road. A train approaching, going in the direction of Stewart’s Station, the ticket-agent informed plaintiff that was his train, and he got aboard. He did not discover he was on a train which did not stop at Stewart’s, until it was under headway, and the .mistake could not be entirely remedied. The testimony. u.p to this point is rvithout conflict.. Conceding that no injury, insult or even discourtesy, was offered to plaintiff, the mistake of the…
2Cases cited2 opinions
- Dorgan v. StateSupreme Court of Alabama · 1882
- South & North Ala. Railroad v. HuffmanSupreme Court of Alabama · 1884
3Cited by9 opinions
- Georgia Pacific Railway Co. v. PropstSupreme Court of Alabama · 1887
- Forrester v. Southern Pacific Co.Nevada Supreme Court · 1913
- Pihakis v. CottrellSupreme Court of Alabama · 1971
- Ala. Great Southern Railroad v. Thomas & SonsSupreme Court of Alabama · 1887
- Jefferson Lumber Co. v. BerrySupreme Court of Alabama · 1945
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