Legal Opinion

East Tenn., Va. & Ga. Railroad v. Lockhart

Supreme Court of Alabama

Decided December 15, 1885PublishedCited by 29 opinions

Appeal from the Circuit Court of Chilton. Tried before the Hon, James E. Cobb. This action was brought b.y Louisa Lockhart, an infant, suing by her next friend, against the appellant as a common carrier, to recover damages on account of personal injuries; and was commenced on the 2d January, 1884. The complaint alleged that the plaintiff, having procured and paid for a ticket on the defendant’s road from Calera, in Shelby county, to Dixie, in Chilton county, was carried more…

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Appeal from the Circuit Court of Chilton. Tried before the Hon, James E. Cobb. This action was brought b.y Louisa Lockhart, an infant, suing by her next friend, against the appellant as a common carrier, to recover damages on account of personal injuries; and was commenced on the 2d January, 1884. The complaint alleged that the plaintiff, having procured and paid for a ticket on the defendant’s road from Calera, in Shelby county, to Dixie, in Chilton county, was carried more than a mile beyond her destination, and put off at Keyser’s Mill, with her baggage, remote from the station, alone and…

1Opinion of the CourtClopton, J.

The action is in tort, and is brought by the plaintiff to recover damages for injuries sustained by the negligence and wrong of the defendant in carrying her more than a mile beyond the station which was her destination, and turning her off the train. The negligence and wrongful conduct of the defendant’s servants are not controverted. The assignments of error are mainly directed to the relevancy and competency of evidence, respecting the physical condition of the plaintiff, her fright, the condition of the road over which she returned to the station, and her subsequent sickness, which was…

2Cases cited5 opinions

  1. Baltimore City Passenger Railway Co. v. KempCourt of Appeals of Maryland · 1883
  2. Seger v. Town of BarkhamstedSupreme Court of Connecticut · 1852
  3. Barbee v. ReeseMississippi Supreme Court · 1883
  4. Cincinnati, Hamilton & Indianapolis Railroad v. EatonIndiana Supreme Court · 1884
  5. Baltimore, Pittsburgh & Chicago R. W. Co. v. PixleyIndiana Supreme Court · 1877

3Cited by29 opinions

  1. Ala. Great Southern R. R. v. HillSupreme Court of Alabama · 1890
  2. Coy v. Indianapolis Gas Co.Indiana Supreme Court · 1897
  3. Briggs v. Birmingham Railway, Light & Power Co.Supreme Court of Alabama · 1914
  4. Simone v. the Rhode Island CompanySupreme Court of Rhode Island · 1907
  5. Pullman Company v. HoyleCourt of Appeals of Texas · 1908

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