Southern Railway Co. v. Hanby
Supreme Court of Alabama
'Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Action by S. M. Hanby against tbe Southern Railway' Company and another for damages for assault and battery alleged to have been committed upon' him while a, passenger by the other defendant, a servant of the corporation while acting within the scope of his employment. Judgment for plaintiff and defendant appeals.
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'Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Action by S. M. Hanby against tbe Southern Railway' Company and another for damages for assault and battery alleged to have been committed upon' him while a, passenger by the other defendant, a servant of the corporation while acting within the scope of his employment. Judgment for plaintiff and defendant appeals. Several distinct and independent causes of action in tort cannot be joined in the same count of the complaint. — H. A. & B. R. R. Co-, v. Dusenberry, 94 Ala. 413; L. & N. v. Gofer, 110 Ala. 491; A. G. 8. v. Shahan,…
1Opinion of the CourtSayre, J.
Appellee sued the defendant corporation and its servant jointly to recover damages .for an assault and battery suffered. by him, while he was a passenger, at the hands of the servant. In each count of .the complaint, it is alleged that the defendant Malone, while acting with the scope of his employment by the defendant corporation, did assault and heat the plaintiff. It is entirely clear that these counts state an action of trespass vi et armis against the defendant Malone. Equally clear is it that each of them proceeds on the principle of respondeat superior in. imputing liability to the…
2Cases cited6 opinions
- City Delivery Co. v. HenrySupreme Court of Alabama · 1903
- Southern Bell Telephone Co. v. FrancisSupreme Court of Alabama · 1895
- Highland Avenue & Belt Railroad v. DusenberrySupreme Court of Alabama · 1891
- Southern Ry. Co. v. ArnoldSupreme Court of Alabama · 1909
- Alabama Great Southern Railroad v. ShahanSupreme Court of Alabama · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Aldrich v. Tyler Grocery Co.Supreme Court of Alabama · 1921
- Louisville & Nashville R. R. v. AbernathySupreme Court of Alabama · 1916
- Wright v. McCordSupreme Court of Alabama · 1920
- Alaga Coach Line, Inc. v. McCarrollSupreme Court of Alabama · 1933
- Central of Georgia Ry. Co. v. CarlockSupreme Court of Alabama · 1916
20 more not listed; retrieve them via the Exa API.