McGhee v. Cashin
Supreme Court of Alabama
Appeal from tlie Circuit- Court of Morgan. Tried before the Hon. H. 0. Speake. This action was brought by the appellee, H. C. Cash-in, against Charles M. McGhee and Henry Fink, as receivers of the Memphis & Charleston Railroad Company.
Read the full summary
Appeal from tlie Circuit- Court of Morgan. Tried before the Hon. H. 0. Speake. This action was brought by the appellee, H. C. Cash-in, against Charles M. McGhee and Henry Fink, as receivers of the Memphis & Charleston Railroad Company. The complaint, as amended, averred that on October 20, 1894, the defendants as receivers of the Memphis & Charleston Railroad Company, were engaged in operating a street railroad and running passenger trains thereon in the counties of Morgan and Madison for 'hire; that on said date the defendants for a reward sold a ticket to the plaintiff authorizing his safe…
1Opinion of the CourtSharpe, J.
Appellee’s motion to strike the bill of' exceptions from the record in this case will be overruled. The motion is on the assumed ground that the bill was not signed in due time whereas the record, discloses that *568orders were made regularly extending tbe time for signing tbe bill of exceptions taken at tbe main trial and as well asi at tbe bearing of tbe motion for a new trial.
Tbe complaint sufficiently avers a case in tort for an alleged wrongful expulsion of plaintiff from a train. Tbe relation of passenger and common carrier being-averred as well as a breach of duty growing out cf that…
2Cases cited5 opinions
- Tennessee Coal, Iron & Railroad v. HamiltonSupreme Court of Alabama · 1893
- McKay & Roche v. Southern Bell Telephone Co.Supreme Court of Alabama · 1895
- McGhee & Fink v. ReynoldsSupreme Court of Alabama · 1897
- Lehman v. ShiverSupreme Court of Alabama · 1900
- Sampey's Adm'r v. SowellSupreme Court of Alabama · 1890
3Cited by6 opinions
- Stratton v. U. S. Bulk Carriers, Inc.Court of Appeals of Washington · 1970
- Birmingham Railway Light & P. Co. v. HaggardSupreme Court of Alabama · 1908
- Bugg v. GreenSupreme Court of Alabama · 1926
- Cochrane v. FullerAlabama Court of Appeals · 1919
- Atlanta, B. & A. Ry. Co. v. McGillSupreme Court of Alabama · 1913
1 more not listed; retrieve them via the Exa API.