Southern Railway Co. v. Renes
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. John H. Miller. Action by John E. Renes against the Southern Railway Company. Judgment for plaintiff, and defendant appeals.
Read the full summary
Appeal from Birmingham City Court. Heard before Hon. John H. Miller. Action by John E. Renes against the Southern Railway Company. Judgment for plaintiff, and defendant appeals. Transferred from Court of Appeals under Acts 1911, p. 150, § 6 Count 1 is as follotvs: “The plaintiff claims of the defendant $3,000 damages, for that heretofore, on the 5th day of March 1913, plaintiff’s minor son, Willis Renes, died in Philadelphia, Pa., and, heretofore, to Avit, on the • 6th day of March, 1913, plaintiff, being in said Philadelphia, caused said corpse to be sent to Washington, D. C., on the same…
1Opinion of the CourtSomerville, J.
The gravamen of the complaint is that the defendant was negligent in transporting the corpse of plaintiffs son from Washington to Birmingham, in that it was not carried to its destination on the same train with plaintiff, as was agreed to be done. This breach of duty is predicated on the allegation of the complaint that the “corpse ivas tendered to defendant after plaintiff had paid said fares and in time for defendant to have taken and carried” it on the same train upon which it carried plaintiff.(1) The fact that a through passage is sold over a receiving and connecting line does not show…
2Cases cited4 opinions
- Kansas City, Memphis & Birmingham Railroad v. FosterSupreme Court of Alabama · 1901
- Montgomery & West Point Railroad v. MooreSupreme Court of Alabama · 1874
- Southern Express Co. v. SaksSupreme Court of Alabama · 1909
- Mount Vernon Co. v. Ala. Gt. Southern RailroadSupreme Court of Alabama · 1890
3Cited by3 opinions
- Southern States Fire Ins. v. KronenbergSupreme Court of Alabama · 1917
- Deavors v. Southern Express Co.Supreme Court of Alabama · 1917
- Louisville N. R. Co. v. CrickSupreme Court of Alabama · 1928