The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1902-09-13

KANSAS CITY, MEMPHIS g. BIRMING-
INGHAM RAILROAD CO., " FOS-
TER. . .-4
Action against Railroad Company Tor
wrongful election of, passenger-Ap-
peal from the City Court of Birming-
ham.
/. Action against common carrier for
wrongful election of passenger; wheh
motion to strike certain portion OF the
complaint properly overruled.-ln an ac-
ton against a railroad company by
passenger to recover damages for its
wrongful election, where it is averred- in
the complaint that the plaintiff stated
TO the defendants agent at Waco. Texas,
that he wished to purchase ticket from
Waco to Birmingham and upon the agent
delivering said ticket he stated in reply
to plaintiffs inquiry that 1T was a ticket
70 Rirmingham and that it subsequently
developed that instead of giving him a
ticket with Birmingham as his dest1na-
ton, he gave him ticket Will destl'
nation many miles from Birmingham in
the State of Mississippi; and that at the
time defendants agent at Waco sold
nlaintiff his ticket the agent knew that
yellow fever was prevailing in portions Of
mississippi and knew of the danger ana
inconvenience of going, through that por-
ton of the State of Mississippi WAich the
defendants road passed, that at the time
the plaintiff was elected from the train
he had not money enough to purchase
ticket from his place of election TO Birm-
ingham. and the defendants conductor
knew this fact. The further averment
in said complaint as 70 the great difhculty
and modification and alarm which the
plaintiff suffered from being put of the
train in Mississippi at point where
there was quarantine station, and that
he suffered great fear and uneasiness be-
cause of supposed prevalence OF yelo"
fever, are material and were wrongs
which are known by common experience
to be naturally and usually in sequence
of beng put off a train at such a place
and, Therefore, "a motion to strike such
averments from the complaint is proper
~ overruled.
. Wrongful election of passenger
liability of succeeding carrier.-Where
nerson in Texas purchases a ticket from
railroad company for the purpose OF
going to a place in Alabama, and receives
from the initial carrier number OF
cannon tickets, one for his passage over
the road of the first and the others as
PASSPORTS over the lines of SUGGESTING car
riers the first carrier or its agent selling
the ticket is considered as the agent for
tbe succeeding carrier; and for injuries
q
inflicted upon the passenger while upon
the train of a succeeding carrier, the lat
ter is liable.
2. Same: same.-If, by mistake of an
,pent of a railroad company passenger
IN purchasing a ticket is not furnished
with a proper ticket evidencing his right
"a he carried to his destination, for which
no paws his right still remains; and if for
want of requisite evidence of that right
mother servant or agent or employee of
acompany refuses to carry such pas
sopger without the payment of another
far@ there is a breach in the contract
Inferred into between the passenger and
tbe common carrier, and the former has
right of action against the latter to
recover all damages resulting from such
breach. ,
Same; same; measure or damages
In an action by a passenger against a
aormon carrier for the breach of a con-
,ract entered into between them, by
roason Of the failure of the common car
rier 10 carry the passenger to his place
If destination as he contracted for the
damages recoverable in such case are not
onIv the cost of transportation from the
mace where the passenger was elected