Southern Railway Co. v. Nowlin
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. A. A. Coleman. Action by Josephine Nowlin against the Southern Railway Company for negligent failure to inform her as to the best and quickest route of travel. Judgment for plaintiff for $1,500, and defendant appeals.
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Appeal from Jefferson Circuit Court. Heard before Hon. A. A. Coleman. Action by Josephine Nowlin against the Southern Railway Company for negligent failure to inform her as to the best and quickest route of travel. Judgment for plaintiff for $1,500, and defendant appeals. The complaint was in the following language: “Plaintiff claims of defendants $1,999 as damages, for that heretofore ,to Avit, on the 16th day of June 1904, defendant ivas a common carrier of passengers for hire and reward by means of trains upon railways, and defendant and companies Avith connecting, lines of railway were…
1Opinion of the CourtDowdell, J.
The complaint contained two counts. The second count was eliminated on charge requested by the defendant, appellant here. The first count, after the last amendment, and to which the demurrer of the defendant filed to it before amendment was refiled, was good against any of the grounds stated in the demurrer. The count, as amended, stated a sufficient cause of action. On the facts stated in said count as amended, and which need not be here repeated, the agent giving the alleged information was acting within the scope of his authority, and the plaintiff had the right to rely and act upon the…
2Cases cited3 opinions
- Ferrell v. City of OpelikaSupreme Court of Alabama · 1905
- Williams v. Coosa Manufacturing Co.Supreme Court of Alabama · 1903
- St. Louis Southwestern Railway Co. v. WhiteTexas Supreme Court · 1905
3Cited by5 opinions
- Snellings v. JonesAlabama Court of Appeals · 1947
- Lusk v. WadeSupreme Court of Alabama · 1953
- Abbot v. BraswellSupreme Court of Alabama · 1972
- Dabbs v. LetsonSupreme Court of Alabama · 1923
- Shoenig v. Atlantic Coast Line RailroadCourt of Appeals of Georgia · 1915