Tomme v. Pullman Co.
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; D. A. Greene, Judge. Action by J. B. Tomme against the Pullman Company and the Southern Railway Company for damages. Prom a judgment for defendants, plaintiff appeals. The plaintiff, J. B. Tomme, brought his action against the defendants for damage» for injuries sustained by his wife while a passenger.
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Appeal from Circuit Court, Jefferson County; D. A. Greene, Judge. Action by J. B. Tomme against the Pullman Company and the Southern Railway Company for damages. Prom a judgment for defendants, plaintiff appeals. The plaintiff, J. B. Tomme, brought his action against the defendants for damage» for injuries sustained by his wife while a passenger. The complaint alleges that the plaintiff’s wife, while occupying a berth in one of tlie Pullman cars'in the train on which she was a passenger, for which accommodation she had duly paid, a drunken passenger, in a nude or partially nude condition,…
1Opinion of the CourtAnderson, C. J.
[1] Whether count 1 was or was not subject to defendants’ demurrer, the action of the trial court in sustaining same was without injury to the plaintiff, as he got the full benefit of said count under count 2, as. the gravamen of the action charged or attempted in count 1 is identical with that set out in count 2, and the establishment of count 2 required no more proof than count 1. In fact, it required less.
[2, 3] It is well settled by the decisions of this as well as other courts that, while it is the duty of common carriers to protect their passengers against violence or insult, whether…
2Cases cited3 opinions
- B'ham Ry. L. & P. Co. v. BarrettSupreme Court of Alabama · 1912
- Nashville, C. & St. L. Railway v. CrosbySupreme Court of Alabama · 1913
- Montgomery Traction Co. v. WhatleySupreme Court of Alabama · 1907
3Cited by19 opinions
- American Road Serv. Co. v. InmonSupreme Court of Alabama · 1980
- Taylor v. Baptist Medical Center, Inc.Supreme Court of Alabama · 1981
- Rodgers v. BoyntonMassachusetts Supreme Judicial Court · 1943
- Louisville N. R. Co. v. CoursonSupreme Court of Alabama · 1937
- City of Birmingham v. NorwoodSupreme Court of Alabama · 1930
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