Louisville N. R. Co. v. Robinson

The suit is for damages as for a failure to transport a passenger.

When the averred facts show the relation of the parties and duty in the prem ises, a breach thereof may be pleaded by way of conclusion (Alabama F. & I. Co. v. Bush, 204 Ala. 658, 86 So. 541; Mobile L. & R. Co. v. Ellis, 209 Ala. 580, 96 So. 773), and, when the facts are alleged out of which a duty arises, the pleading need not charge the conclusion that the duty existed. Maddox v. Jones, 205 Ala. 598, 89 So. 38.

If the plaintiff had the right to enter the ear, and, in good faith, with the bona fide intention of becoming a…