Blackburn v. Alabama Great Southern Railroad
Supreme Court of Alabama
Appeal from County Court o-f Tuscaloosa. Tried before the Hon. Henry B. Foster. ■ Action by the appellant against the appellee to recover damages for carrying him to a point beyond his destination, he being at the time a passenger on its railroad.
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Appeal from County Court o-f Tuscaloosa. Tried before the Hon. Henry B. Foster. ■ Action by the appellant against the appellee to recover damages for carrying him to a point beyond his destination, he being at the time a passenger on its railroad. The evidence for the plaintiff tended to show that on August 20, 1903, he purchased a ticket at Bessemer for Standiford, a station on defendant’s railroad; that the conductor took up his ticket before reaching Standiford and that the train did not stop at that place, and plaintiff then complained to the conductor and the latter admitted the error…
1Opinion of the CourtTyson, J.
The complaint contains two counts and both are in case — ex delicto. While the evidence undisputedly establishes the breach of duty alleged in the first-count', it does not- tend in any degree, as we will show, to prove the averments of tliat count upon which the substantial damages sought to be recovered are predicated.
It is there alleged that, plaintiff in consequence of the breach of duty “Suffered great physical and mental pá-in and anxiety, was put to great trouble, inconvenience and expense in and about going back to his destination, and having a large amount of money on his person and…
2Cases cited2 opinions
- New Orleans, Mobile & Texas R. R. v. Southern & Atlantic Telegraph Co.Supreme Court of Alabama · 1875
- Adams v. RobinsonSupreme Court of Alabama · 1880
3Cited by12 opinions
- The Industrial Development Board of the Town of Section, Alabama v. Fuqua Industries, Inc., the Industrial Development Board of the City of Fort Payne, Alabama v. Fuqua Industries, Inc.Court of Appeals for the Fifth Circuit · 1975
- Industrial Development Board v. Fuqua Industries, Inc.Court of Appeals for the Fifth Circuit · 1975
- Smith v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1907
- Coker v. Louisville N. R. Co.Supreme Court of Alabama · 1944
- Davis v. Lime Cola Bottling WorksAlabama Court of Appeals · 1922
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