Gassenheimer v. Western Railway
Supreme Court of Alabama
Appeal from Montgomery Circuit Court. Heard before Hon. W. W. Pearson. Action by Leo Gassenlieimer against the Western Railway of Alabama, for damages for assault and battery alleged to have been committed on him by one of defendant’s freight delivery clerks. Prom, a judgment overruling motion for new trial plaintiff appeals. Reversed and remanded. The motion for a new trial should have been granted. — A. €f.
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Appeal from Montgomery Circuit Court. Heard before Hon. W. W. Pearson. Action by Leo Gassenlieimer against the Western Railway of Alabama, for damages for assault and battery alleged to have been committed on him by one of defendant’s freight delivery clerks. Prom, a judgment overruling motion for new trial plaintiff appeals. Reversed and remanded. The motion for a new trial should have been granted. — A. €f. S. v. Poioers, 73 Ala. 248; Cobb v. Malone, 92 Ala. 630; T. O., I. & R. R. Go. v. Stevenson, 115 Ala. There, was absolutely no conflict in the evidence, and hence, the new trial should…
1Opinion of the CourtSayre, J.
Plaintiff sent a drayman from his place of business to the freight house of the defendant railway company to fetch some freight. Considerable delay ensuing, plaintiff went to see what was the matter. He found the drayman waiting at the freight house. Then Mabson, one of defendant’s delivery clerks, came up saying: “I will deliver the freight.” The freight bills were then handed to Mabson, and plaintiff went to the office in another part of the building, where he 'complained of the delay to Mabson’s superiors. He *321does not seem to have mentioned Mabson’s name. Mr. Lutz, commercial agent for tbe…
2Cases cited4 opinions
- Case v. HulsebushSupreme Court of Alabama · 1898
- Sims v. National Commercial BankSupreme Court of Alabama · 1882
- Birmingham National Bank v. BradleySupreme Court of Alabama · 1896
- Southern Railway Co. v. LollarSupreme Court of Alabama · 1902
3Cited by24 opinions
- United States Fidelity & Guaranty Co. v. MillonasSupreme Court of Alabama · 1921
- Metropolitan Life Ins. Co. v. CarterSupreme Court of Alabama · 1924
- The B. F. Goodrich Tire Company v. E. H. LysterCourt of Appeals for the Fifth Circuit · 1964
- Republic Iron & Steel Co. v. SelfSupreme Court of Alabama · 1915
- Jebeles-Colias Conf. Co. v. BoozeSupreme Court of Alabama · 1913
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