Legal Opinion

Ala. Great Southern Railroad v. Sellers

Supreme Court of Alabama

Decided November 15, 1890PublishedCited by 62 opinions

Action for Damages I/y Passenger. Appeal from the Circuit Court of'Jefferson. Tried before the Hon. James B. Head. This action was brought by Mrs. Nancy M. Sellers and her husband, to recover damages for personal injuries sustained by her while travelling as a passenger on one of the defendant’s trains of cars; and was commenced, on the 28th September, 1883. The death of the husband was suggested pending the suit, and the cause was prosecuted to-judgment on verdict in favor…

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Action for Damages I/y Passenger. Appeal from the Circuit Court of'Jefferson. Tried before the Hon. James B. Head. This action was brought by Mrs. Nancy M. Sellers and her husband, to recover damages for personal injuries sustained by her while travelling as a passenger on one of the defendant’s trains of cars; and was commenced, on the 28th September, 1883. The death of the husband was suggested pending the suit, and the cause was prosecuted to-judgment on verdict in favor of Mrs. Sellers, November 9th, 1889, for $500. The complaint contained three counts, each of which averred that, on the…

1Opinion of the CourtMcOLELLAN, J.

— The inquiry of chief importance in this case is, whether there was any testimony adduced, which, if believed, would have authorized the imposition of exemplary damages. We think there was such testimony. The plaintiff (appellee here) testified in her own behalf, that she purchased a ticket entitling her to transportation on a freight train of the defendant from Jonesboro to Wheeling, stations on defendant’s road about two miles apart, and took passage on such train at Jonesboro; that at Wheeling there was a house used as a station-house by all passengers to and from that point over…

2Cases cited6 opinions

  1. Wilkinson v. SearcySupreme Court of Alabama · 1884
  2. New Orleans, Jackson, & Great Northern Railroad v. HurstMississippi Supreme Court · 1859
  3. Parker v. MiseSupreme Court of Alabama · 1855
  4. Stacy v. Portland Publishing Co.Supreme Judicial Court of Maine · 1878
  5. Louisville & Nashville Railroad v. JohnstonSupreme Court of Alabama · 1885

1 more not listed; retrieve them via the Exa API.

3Cited by62 opinions

  1. Bell v. Preferred Life Assurance SocietySupreme Court of the United States · 1943
  2. Henderson by Hartsfield v. Alabama PowerSupreme Court of Alabama · 1993
  3. Boswell v. Liberty Nat. Life Ins. Co.Supreme Court of Alabama · 1994
  4. Maring-Crawford Motor Co. v. SmithSupreme Court of Alabama · 1970
  5. Lampert v. Judge & Dolph Drug Co.Supreme Court of Missouri · 1911

57 more not listed; retrieve them via the Exa API.

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