Legal Opinion

Goodloe v. Memphis & Charleston Railroad

Supreme Court of Alabama

Decided November 15, 1894PublishedCited by 31 opinions

Appeal from the Circuit Court of Colbert. Tried before the Hon. H. C. Spbake. This was an action on the case, brought by the appellant, J. C. Goodloe, against the appellee, the Memphis tfc Charleston .Railroad Company, to recover damages for personal injuries, alleged to have been caused by the negligence of the defendant, or its servants or employes.

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Appeal from the Circuit Court of Colbert. Tried before the Hon. H. C. Spbake. This was an action on the case, brought by the appellant, J. C. Goodloe, against the appellee, the Memphis tfc Charleston .Railroad Company, to recover damages for personal injuries, alleged to have been caused by the negligence of the defendant, or its servants or employes. The ground of complaint against the defendant is thus stated in plaintiff’s complaint; “The plaintiff became and was a passenger of and on ihe railroad of the defendant, and thus being a passenger of the defendant, the defendant,, by its…

1Opinion of the CourtHaralson, J.

We examine the single question presented by the defense and alone considered by the appellant; that the defexxdant is not guilty for the reason that the injury complained of was xiot inflicted on plaintiff by the defendant’s servant’s or employes, while they were acting within the range but outside of the authority confei’red by defendant on them. Other errors assigned are not insisted on in the argument filed, and are, therefore, treated as waived.

The question presented has been well considered by this and many other coixrts. It was recently before us *239in the case of Lampkin v. The L. & N. R.…

2Cases cited3 opinions

  1. Austin v. BeanSupreme Court of Alabama · 1894
  2. Gilliam v. South, & North Alabama RailroadSupreme Court of Alabama · 1881
  3. Cox, Brainard & Co. v. KeaheySupreme Court of Alabama · 1860

3Cited by31 opinions

  1. Tobler v. Pioneer Mining & Mfg. Co.Supreme Court of Alabama · 1909
  2. Savannah Electric Co. v. HodgesCourt of Appeals of Georgia · 1909
  3. Wells v. Henderson Land & Lumber Co.Supreme Court of Alabama · 1917
  4. Alabama Fuel & Iron Co. v. PowaskiSupreme Court of Alabama · 1936
  5. Copeland v. Samford UniversitySupreme Court of Alabama · 1996

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