Widener v. Alabama Great Southern R. R.
Supreme Court of Alabama
Appeal from Tuscaloosa County Court. Heard before Hon. H. B. Foster. Action by A. J. Widener against the Alabama Great Southern Railroad Company. Judgment for defendant, and plaintiff appeals.
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Appeal from Tuscaloosa County Court. Heard before Hon. H. B. Foster. Action by A. J. Widener against the Alabama Great Southern Railroad Company. Judgment for defendant, and plaintiff appeals. Plea á is as follows: Plaintiff went to the depot of defendant a long time, to-wit, six hours before the scheduled arrival of any train of defendant carrying passengers, which is not a reasonable time for plaintiff to have gone to said depot before the arrival of said train; and' defendant owed plaintiff no duty as a passenger or intending passenger at said time, the rules and regulations prescribed by…
1Opinion of the Court
SAYRE, J. —
Count 4 in its original shape described the defendant as engaged in the business of a common-carrier of passengers. But the count did not aver that plaintiff was a passenger at the time of the wrong and injury of which he complained. That averment seems to have been deliberately avoided. The allegation was *122simply that plaintiff was “rightfully” in defendant’s station, and the gist of the complaint was that he was wrongfully ejected. By sustaining defendant’s demurrer the court- drove plaintiff to an amendment alleging that he had gone to defendant’s station for the purpose of…
2Cases cited1 opinion
- North Birmingham Railway Co. v. LiddicoatSupreme Court of Alabama · 1892
3Cited by5 opinions
- American Ry. Express Co. v. TaitSupreme Court of Alabama · 1924
- Ex Parte HammettSupreme Court of Alabama · 1953
- Hamner v. BradleySupreme Court of Alabama · 1972
- Tarczek v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1916
- McWilliams v. Louisville N. R. Co.Supreme Court of Alabama · 1928