Lucas v. Southern Railway Co.
Supreme Court of Alabama
Appeal from 'the Circuit Court of Bibb. Tried before the Hon. John Moore. This action was brought by the appellant, James Lucas, against the appellee, the Southern Railway Company, as a common carrier, to recover damages for the defendant’s alleged negligent failure to transport the corpse of plaintiff’s infant child from Blocton in Bibb county, to Aldrich, in Shelby county, on the line of the defendant’s railway.
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Appeal from 'the Circuit Court of Bibb. Tried before the Hon. John Moore. This action was brought by the appellant, James Lucas, against the appellee, the Southern Railway Company, as a common carrier, to recover damages for the defendant’s alleged negligent failure to transport the corpse of plaintiff’s infant child from Blocton in Bibb county, to Aldrich, in Shelby county, on the line of the defendant’s railway. The facts of the case necessary to an understanding of the decision on the present appeal are sufficiently stated in the opinion. Upon the introduction of all the evidence, the…
1Opinion of the CourtTyson, J.
— The complaint in this case avers ' that plaintiff contracted with defendant to transport and deliver the corpse of his infant child from Blocton, Alabama, to Aldrich, Alabama, both being stations' on the defendant’s line of road. That he paid the price of transportation charged, and defendant accepted said corpse for transportation. That the contract of affreightent- was effectuated by the-purchase of a passenger ticket for said corpse. That de fendant negligently and carelessly failed to carry the said body to Aldrich, but left it at a station some six' miles distant from Aldrich. The…
2Cases cited5 opinions
- Daughtery v. American Union Telegraph Co.Supreme Court of Alabama · 1883
- Kennon v. Western Union Telegraph Co.Supreme Court of Alabama · 1890
- West. Union Telegraph Co. v. WilsonSupreme Court of Alabama · 1890
- Weaver v. City of GainesvilleCourt of Appeals of Texas · 1892
- Wells, Fargo & Company's Express v. FullerCourt of Appeals of Texas · 1893
3Cited by4 opinions
- Deavors v. Southern Express Co.Supreme Court of Alabama · 1917
- Manker v. Western Union Telegraph Co.Supreme Court of Alabama · 1902
- Louisville & Nashville Railroad v. WilliamsAlabama Court of Appeals · 1911
- Sullivan v. Louisville & Nashville RailroadSupreme Court of Alabama · 1900