Southern Railway Co. v. Herron
Alabama Court of Appeals
Injury to Passenger. Appeal from. Walker Circuit Court. Heard before Hon. J. J. Curtis. Action by Mary Herron, by next friend against The Southern Ry. Co. for injuries received as a passenger. Judgment for plaintiff and defendant appeals. Under the. evidence in this case, the court should have directed a verdict for the defendant, and failing therein, to have set aside the verdict that was rendered by the jury.— Southern Ry. Go. v. Herron, in MSS. Sup. Court.
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Injury to Passenger. Appeal from. Walker Circuit Court. Heard before Hon. J. J. Curtis. Action by Mary Herron, by next friend against The Southern Ry. Co. for injuries received as a passenger. Judgment for plaintiff and defendant appeals. Under the. evidence in this case, the court should have directed a verdict for the defendant, and failing therein, to have set aside the verdict that was rendered by the jury.— Southern Ry. Go. v. Herron, in MSS. Sup. Court. The duty was on the plaintiff to establish by evidence the custom of railroads to' carry infants free of charge when accompanied by a…
1Opinion of the CourtBrown, J.
The evidence shows that the plaintiff, at the time of the alleged wrong complained of in the complaint, Avas a child about- nine months old; that the plaintiff’s mother with the child in her arms became a passenger on the defendant’s train at Burnwell, Ala., *417and after boarding the train paid to the defendant’s servant, whose duty it was to receive fares and tickets, the regular fare to her destination, Coalburg, and that no other fare was demanded for the carrying of the child. Under these circumstances, and especially in view of the custom of railroads to carry children of this age when…
2Cases cited7 opinions
- Clardy v. WalkerSupreme Court of Alabama · 1901
- Sanders v. SteenSupreme Court of Alabama · 1900
- Littlejohn v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1889
- Central of Ga. Ry. Co. v. CarlisleAlabama Court of Appeals · 1911
- Fleming v. UsserySupreme Court of Alabama · 1857
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Southern Railway Co. v. Kendall & Co.Alabama Court of Appeals · 1915
- Griffin v. FowlerAlabama Court of Appeals · 1918
- Murphree v. Farmers' Sav. BankAlabama Court of Appeals · 1918
- Birmingham Electric Co. v. MazeSupreme Court of Alabama · 1936
- Central of Georgia Ry. Co. v. SmithSupreme Court of Alabama · 1928
5 more not listed; retrieve them via the Exa API.