Legal Opinion

Southern Ry. Co. v. Hall

Supreme Court of Alabama

Decided April 12, 1923No. 6 Div. 753PublishedCited by 7 opinions

Appeal from Circuit .Court, Jefferson County; Richard V. Evans, Judge. Action for damages by H. O. Hall against the Southern Railway Company. Judgment for plaintiff, and defendant appeals. A complaint based upon false arrest should disclose the offense fpr which plaintiff was arrested. Tutwiler C., C. & I. Co. v. Turvin, 158 Ala.-657, 48 goutli. 79; Rich v. Mclnerny, 103 Ala. 345, 15 'South. 663, 49 Am.

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Appeal from Circuit .Court, Jefferson County; Richard V. Evans, Judge. Action for damages by H. O. Hall against the Southern Railway Company. Judgment for plaintiff, and defendant appeals. A complaint based upon false arrest should disclose the offense fpr which plaintiff was arrested. Tutwiler C., C. & I. Co. v. Turvin, 158 Ala.-657, 48 goutli. 79; Rich v. Mclnerny, 103 Ala. 345, 15 'South. 663, 49 Am. St. Rep. 32; Sanders v. Davis, 153 Ala. 375, 44 South. 979. The declaration of an agent against his principal as to a past transaction is not admissible in evidence against the principal. M.…

1Opinion of the CourtMiller, J.

This is a suit by H. O. Hall, plaintiff, appellee here, to recover damages from the defendant, Southern Railway Company, a corporation, the appellant, for an alleged wrongful arrest and imprisonment of him by H. H. Moreland, an agent of the defendant, while acting within the line and scope of his employment. There was a jury trial, verdict in favor of the plaintiff, judgment thereon by the court, and this appeal is prosecuted by the defendant from said judgment.

There are two counts in the complaint on which the case went to the jury. These counts were numbered 1 and 2, and were amended…

2Cases cited10 opinions

  1. Rich v. McInernySupreme Court of Alabama · 1893
  2. McLeod v. McLeodSupreme Court of Alabama · 1882
  3. Western Ry. v. RussellSupreme Court of Alabama · 1905
  4. Steed v. KnowlesSupreme Court of Alabama · 1885
  5. Strain v. IrwinSupreme Court of Alabama · 1915

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

3Cited by7 opinions

  1. Simmons v. CochranSupreme Court of Alabama · 1949
  2. Atkinson v. Dixie Greyhound Lines, Inc.Court of Appeals for the Fifth Circuit · 1944
  3. Central Iron & Coal Co. v. WrightAlabama Court of Appeals · 1924
  4. Caudle v. Sears, Roebuck & Co.Supreme Court of Alabama · 1938
  5. Mercer v. HarveySupreme Court of Kansas · 1924

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

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