Nashville C. & St. L. Ry. Co. v. Bates

• Citation: 32 So. 589,133 Ala. 447
• Court: Supreme Court of Alabama
• Decision Date: 14 May 1902
• Parties: NASHVILLE, C. & ST. L. RY. CO. v. BATES. [1]

32 So. 589

133 Ala. 447

NASHVILLE, C. & ST. L. RY. CO.
v.
BATES. ^[1]

Supreme Court of Alabama

May 14, 1902

Appeal from circuit court, Madison county; H. C. Speake, Judge.

Action by William B. Bates against the Nashville, Chattanooga & St. Louis Railway Company. From a judgment for plaintiff, defendant appeals. Affirmed.

The complaint contained three counts. The first count of the complaint was as follows: "The plaintiff claims of the said defendant one thousand dollars damages, because the said defendant was on and prior to April 16, 1898, engaged in the business of a common carrier and a carrier of passengers between Elora, Tennessee, and Huntsville, Alabama, and as such was running trains propelled by steam to and from Elora, Tennessee, to Huntsville, Alabama, upon its railroad, known as the Nashville, Chattanooga & St. Louis Railroad, a part of which runs through Madison county, Alabama, and on and prior to said 16th day of April, 1898, the said defendant had been and was accustomed to run from said Elora, Tennessee, to Huntsville, Alabama, a certain train, composed in part of cars for carrying freight, and in part of cars for carrying people, or passenger coaches, and it had been and was accustomed to carry passengers for hire between said points, and which said train reached New Market, a station between said points in Madison county, Alabama, on said day at about 9 o'clock a. m.; and on said day plaintiff purchased from the ticket agent of defendant, one Lansden, a ticket from said station at New Market to Huntsville, Alabama, for which he paid fifty-five cents (the amount demanded therefor by said agent), and bought said ticket for the purpose of becoming a passenger and going on said train from New Market to Huntsville, Alabama, and said ticket was so sold to plaintiff by said agent, who assured him that he (plaintiff) could become a passenger and make said trip on said train; and plaintiff waited at said station from about a quarter to 9 o'clock, when he purchased said ticket, until about 9 o'clock a. m., when said train arrived at said station of New Market, and was assured by said agent in the meantime that he could make such trip on said train; and at 9 o'clock said train arrived, and plaintiff, having said ticket, got upon and into one of the passenger coaches thereof, which was open, and in order and proper condition for the reception of passengers; and, before said train left New Market, the conductor, one Tobe Smith, although plaintiff had showed him his ticket, which was in all respects legal, and entitled him to passage, and made him aware of the assurances given him (plaintiff) by the ticket agent that he could ride on said train, unlawfully, wrongfully, wantonly, and without regard to the rights of plaintiff, refused to allow him to ride on said train, and required him to leave said train, and told him if he did not do so he would put plaintiff off by force; and plaintiff was, against his will, forced to leave said train, and was laughed at by the conductor and brakeman and the agent, and thereby treated with indignity, and was greatly inconvenienced, as he was unable to reach Huntsville in time to take the westbound train...