Louisville & Nashville Railroad v. Quick
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried, before the Hon. W. W. TVilkerson. This action was brought ’by the ’appellee, Mal inda ’-'Quick, against -the Louisville & Nashville Railroad Company, to recover damages for defendant’s carrying her beyond her place of destination. The complaint 'contained two counts.
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Appeal from the City Court of Birmingham. Tried, before the Hon. W. W. TVilkerson. This action was brought ’by the ’appellee, Mal inda ’-'Quick, against -the Louisville & Nashville Railroad Company, to recover damages for defendant’s carrying her beyond her place of destination. The complaint 'contained two counts. Tn the first count it was averred that the plaintiff, who was very old and infirm and not accustomed to travel on railroad trains, and was not familiar with the wav in. which passengers were informed about disembarking from trains on railroads, took passage on one of the…
1Opinion of the CourtHaralson, J.
1. It is often difficult to determine Avhat is and Avhat is not the proximate cause in contemplation of law. Mr. Oooley lays doAvn the rule for its determination to he: “If an injury has resulted in consequence of a certain wrongful act or omission, but *562only through or by means of some intervening canse, from which last cause, the injury followed as a direct and immediate consequence, the law will refer the damage to the last proximate cause, and refuse to trace it to that which was more remote. The chief and sufficient reason for this rule is to be found in the impossibility of tracing…
2Cases cited5 opinions
- Armstrong v. Montgomery Street Railway Co.Supreme Court of Alabama · 1898
- Western Railway of Alabama v. MutchSupreme Court of Alabama · 1892
- Lewis v. Flint & Pere Marquette Ry Co.Michigan Supreme Court · 1884
- Ala. G. S. Railroad v. ArnoldSupreme Court of Alabama · 1886
- Louisville & Nashville Railroad v. DancySupreme Court of Alabama · 1892
3Cited by34 opinions
- Briggs v. Birmingham Railway, Light & Power Co.Supreme Court of Alabama · 1914
- Dye-Washburn Hotel Co. v. AldridgeSupreme Court of Alabama · 1922
- Ruffin Coal & Transfer Co. v. RichSupreme Court of Alabama · 1926
- Golson v. W. F. Covington Mfg. Co.Supreme Court of Alabama · 1920
- Mobile & Ohio R. R. v. Christian Moerlein Brewing Co.Supreme Court of Alabama · 1906
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