Birmingham Railway & Electric Co. v. Baird
Supreme Court of Alabama
Appeal from the 'City Court of Birmingham. Tried before the Hon. Chas. A. Senn. This action was 'brought by the appellee, J. L. Baird, a minor, by his next friend, against the appellant, the Birmingham Kail way and Electric Company. The complaint contained three counts.
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Appeal from the 'City Court of Birmingham. Tried before the Hon. Chas. A. Senn. This action was 'brought by the appellee, J. L. Baird, a minor, by his next friend, against the appellant, the Birmingham Kail way and Electric Company. The complaint contained three counts. The first count was as follows: “The plaintiff, J. L. Baird, who is a minor under twenty-one years of age, and who sues- by his next friend, A. C. Baird, -claims of the defendant, the Birmingham Railway and Electric Company, a private corporation under the laws of Alabama, five thousand dollars damages in this, that on and…
1Opinion of the CourtMcCLELLAN, C. J.
There appears to be some divergence of opinion as to a common carrier’s liability for an assault, and the like, committed -by its agent upon a passenger when the agent is acting beyond the scope of his employment in the usual acceptance of that phrase. Of course the law is well settled that for torts committed by such agents, or employes upon persons who are not passengers the employer is not liable unless the act was in a sense in the line of duty imposed by the employment, as where a conductor of a train being under duty to the railway company, and having authority to eject persons not…
2Cases cited7 opinions
- Craker v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
- Stewart v. . Brooklyn and Crosstown R.R. Co.New York Court of Appeals · 1882
- Dwinelle v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1890
- White v. Norfolk & Southern RailroadSupreme Court of North Carolina · 1894
- Indianapolis Union Railway Co. v. CooperIndiana Court of Appeals · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- Nashville, Chattanooga & St. Louis Railway v. CrosbySupreme Court of Alabama · 1915
- Chicago, R. I. & P. Ry. Co. v. RadfordSupreme Court of Oklahoma · 1913
- Penas v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1910
- Southeastern Greyhound Lines v. CallahanSupreme Court of Alabama · 1943
- B'ham Ry. L. & P. Co. v. GlennSupreme Court of Alabama · 1912
43 more not listed; retrieve them via the Exa API.