Legal Opinion

Louisville & Nashville Railroad v. Travis

Supreme Court of Alabama

Decided April 15, 1915PublishedCited by 8 opinions

Appeal from Cullman Circuit Court. Heard before. Hon. D. W. Speake. Action by B. M. Travis against tbe Louisville & Nashville Railroad Company. Judgment for plaintiff, and defendant appeals. The following is charge 43: If you believe the evidence, I charge you that the oysters and eggs eaten by plaintiff neither appeared tainted nor tasted tainted, nor smelled tainted.

1Opinion of the Court

SAYRE, J.(1) The wrong and injury complained of throughout was that plaintiff had been made ill by food furnished to him by defendant. Count 4, added by amendment at the trial, stated no new cause of action, *454it showed merely that plaintiff’s illness was caused by different means, by eggs, instead of oysters. The amended complaint, thus considered, was properly allowed, and it appeared without dispute that it was not barred by the statute of limitations of one year, and the court, properly so- instructed the jury.(2) It is rather obvious that the assignments of error based upon rulings on…

2Cases cited2 opinions

  1. Travis v. L. & N. R. R.Supreme Court of Alabama · 1913
  2. Staples v. SteedSupreme Court of Alabama · 1910

3Cited by8 opinions

  1. George's Restaurant v. DukesSupreme Court of Alabama · 1927
  2. Hooper Caf Eacute Co. v. HendersonSupreme Court of Alabama · 1931
  3. McCarley v. Wood Drugs, Inc.Supreme Court of Alabama · 1934
  4. Bronson v. Club Comanche, Inc.District Court, Virgin Islands · 1968
  5. Pynes v. StateSupreme Court of Alabama · 1922

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