Evans v. Memphis & Charleston Rail Road
Supreme Court of Alabama
This action was brought by Henry G. Evans, against the Memphis & Charleston Kailroad Company and the Southern Kailway Security Company (the latter corporation being the lessee of said railroad), to recover damages for injuries sustained by plaintiff on account of defendants’ refusal, through their agent, to allow him to travel on one of their trains, and compelling him to leave it, because he had not procured a ticket before entering the cars; and was commenced on the 15th…
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This action was brought by Henry G. Evans, against the Memphis & Charleston Kailroad Company and the Southern Kailway Security Company (the latter corporation being the lessee of said railroad), to recover damages for injuries sustained by plaintiff on account of defendants’ refusal, through their agent, to allow him to travel on one of their trains, and compelling him to leave it, because he had not procured a ticket before entering the cars; and was commenced on the 15th February, 1874. The complaint averred that, on the 13th February, 1874, the day on which the grievances complained of…
1Opinion of the CourtBeickell, C. J.
1. We concur with the judge of the Circuit Court in the opinion, that so much of the act of April 19, 1873, entitled “An act regulating the charges for transportation of freight upon railroads within this State” (Pamph. Acts 1872-3, p. 62), as relates to the transportation of passengers, is unconstitutional. The title limits the subject of the enactment to the transportation of freight, excluding by its terms any reference to passengers. Whether the act, if ■constitutional, has any especial influence on the questions the case presents, is not material to discuss.
2. A common carrier is bound…
2Cases cited1 opinion
- Chicago, Burlington & Quincy Railroad v. ParksIllinois Supreme Court · 1857
3Cited by6 opinions
- Forsee v. Alabama Great Southern RailroadMississippi Supreme Court · 1885
- Jones v. Wabash, St. Louis & Pacific Railway Co.Missouri Court of Appeals · 1885
- Louisville & N. R. Co. v. HarperSupreme Court of Alabama · 1919
- Cross v. Kansas City, Fort Scott & Memphis RailroadMissouri Court of Appeals · 1894
- Kennedy v. Birmingham Railway, Light & Power Co.Supreme Court of Alabama · 1902
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