Louisville & Nashville Railroad v. Hine
Supreme Court of Alabama
Appeal from the Circuit Court of Limestone. Tried before the Hon. H. C. Speake. Sites K. Hine brought this action against the Louisville & Nashville Bailroad Co. claiming damages for being ejected from one of its trains. The facts concisely stated are these: In October, 1899, Hine applied to one Sherell, the agent of the defendant, at Athens, Ala., for a ticket and permit to ride on a freight train then near due to Decatur, Ala.
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Appeal from the Circuit Court of Limestone. Tried before the Hon. H. C. Speake. Sites K. Hine brought this action against the Louisville & Nashville Bailroad Co. claiming damages for being ejected from one of its trains. The facts concisely stated are these: In October, 1899, Hine applied to one Sherell, the agent of the defendant, at Athens, Ala., for a ticket and permit to ride on a freight train then near due to Decatur, Ala. He was informed by Sherell that it would be necessary for him to get a permit from the superintendent of that division. The superintendent lived at Nashville and Hine…
1Opinion of the Court
SHARPE, J.-
— A breach of the duty which a common carrier as such owes to its passengers involves misfeasance as well as nonfeasance, and for an injury caused by such breach an action lies in favor of the passenger in tort as well as upon the contract of carriage. — 2 Sedg. on Dam. (8th ed.) § 859; Am. & Eng. Encvc. of Law 691; L. & N. R. R. Co. v. Gaines, 59 Am. St. Rep. (Ky.) 465, s. c. 99 Ky. 411; Sheldon v. Steamship, 18 Cal. 527.
A passenger is bound to conform to the reasonable and proper regulations of the carrier respecting the time and mode of transportation and it may he conceded that…
2Cases cited10 opinions
- Head v. Georgia Pacific Railway Co.Supreme Court of Georgia · 1887
- Lake Erie & Western Railway Co. v. FixIndiana Supreme Court · 1882
- Chicago & Alton Railroad v. FlaggIllinois Supreme Court · 1867
- Hufford v. Grand Rapids & Indiana RailroadMichigan Supreme Court · 1887
- Murdock v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1884
5 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Gillespie v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1904
- Forrester v. Southern Pacific Co.Nevada Supreme Court · 1913
- Werten v. K. B. Koosa & Co.Supreme Court of Alabama · 1910
- Florence Hotel Co. v. BumpasSupreme Court of Alabama · 1915
- Louisville N. R. Co. v. RobinsonSupreme Court of Alabama · 1925
16 more not listed; retrieve them via the Exa API.