Legal Opinion

Louisville & Nashville Railroad v. Thomason

Alabama Court of Appeals

Decided November 21, 1912PublishedCited by 5 opinions

Appeal from Morgan Law and Equity Court. Heard before Hon. Thomas W. Wert. Action by Mary A. Thomason against the Louisville & Nashville Railroad Company. Judgment for plaintiff, and defendant appeals. The facts sufficiently appear in the opinion.

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Appeal from Morgan Law and Equity Court. Heard before Hon. Thomas W. Wert. Action by Mary A. Thomason against the Louisville & Nashville Railroad Company. Judgment for plaintiff, and defendant appeals. The facts sufficiently appear in the opinion. Charge 9 is as follows: “I charge you, gentlemen of the jury, that if you believe from the evidence that Helena, Ala., is not a regular stopping place for defendant’s train No. 3, then plaintiff is not entitled to recover under count 1 of her complaint.” Charge 28: “I charge you, gentlemen of the jury, if you believe the evidence in this case you…

1Opinion of the Court

WALKER, P. J.-

The complaint in this case contained five counts. In each of them the plaintiff com*367plained of not being permitted to ride to her destination on a train, known as No.- 3, which she boarded at Hartselle, having a ticket from that place to Helena; the latter being a station sonth of Birmingham on the defendant’s road . The first and fifth counts contained averments to the effect, respectively, that Helena was a regular stopping place for that train, and that, according to the local time-table of the defendant, the train stopped at Helena to let off passengers from Hartselle. The…

2Cases cited12 opinions

  1. Wilkinson v. SearcySupreme Court of Alabama · 1884
  2. McGhee & Fink v. ReynoldsSupreme Court of Alabama · 1897
  3. Hedge v. WilliamsCalifornia Supreme Court · 1901
  4. South & North Ala. Railroad v. HuffmanSupreme Court of Alabama · 1884
  5. Kiley v. Chicago City Railway Co.Illinois Supreme Court · 1901

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

3Cited by5 opinions

  1. Louisville N. R. Co. v. CrickSupreme Court of Alabama · 1928
  2. Seaboard A. L. Ry. Co. v. PatrickAlabama Court of Appeals · 1914
  3. Louisville & Nashville Railroad v. MaxwellSupreme Court of Alabama · 1914
  4. Birmingham Ry., L. & P. Co. v. SmithAlabama Court of Appeals · 1915
  5. Lamb v. MitchellAlabama Court of Appeals · 1918

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