Southern Railway Co. v. Nelson
Supreme Court of Alabama
Action for Damages for Injury to Passenger. Appeal from Limestone Circuit Court. . Heard before Hon. W. R. Walker, Special Judge. Action by William W. Nelson against the Southern Railway Company.
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Action for Damages for Injury to Passenger. Appeal from Limestone Circuit Court. . Heard before Hon. W. R. Walker, Special Judge. Action by William W. Nelson against the Southern Railway Company. Prom a judgment for plaintiff, defendant appeals. —The action of the court in this case was void as the record affirmatively discloses that the special judge was sitting in the place and stead of another person not the judge. — Norton v. Shelby Go., 118 U. S. 446; Hildreth v. McIntyre, 19 Am. Dec. 61; State v. Sherford, 38 S. E. 808; Brown on Jurisdiction, p. 126; Mechem on Public Officers, §§…
1Opinion of the CourtDowdell, J.
— The complaint as originally filed contained five counts, and was subsequently amended by the addition of two other counts. The cause ivas sub- ' mitted to the jury on the first count; the remaining *89counts having been eliminated or withdrawn. The first count proceeded upon the theory of a breach of duty by the defendant as a common carrier to the plaintiff while the’latter was being transported as a passenger on one of its trains. This count sufficiently avers the relationship of passenger and carrier, as also the duty owing to the plaintiff for the alleged breach of which damages, are…
2Cases cited3 opinions
- Birmingham Railway & Electric Co. v. BairdSupreme Court of Alabama · 1900
- Ala. Great Southern Railroad v. TapiaSupreme Court of Alabama · 1891
- Southern Railway Co. v. WilsonSupreme Court of Alabama · 1903
3Cited by12 opinions
- Ex parte DoakSupreme Court of Alabama · 1914
- B'ham Ry. L. & P. Co. v. GlennSupreme Court of Alabama · 1912
- Seaboard Air Line Railway Co. v. MobleySupreme Court of Alabama · 1915
- Smith v. YearwoodSupreme Court of Alabama · 1916
- Ewart Lumber Co. v. American Cement Plaster Co.Alabama Court of Appeals · 1913
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