The Montgomery advertiser., 1909-02-25
Head Notes Of the Decisions
 of the Alaban1a Supreme Court

SOUTHERN RY. co. v. MELTON. Damages by Passenger for Being Set
 Down at Wrong Station.--- Decided
 Dec. II, 1S0s.-47 South, l00s.)
 l. Carriers, of passengers: damages; complaint. complaint alleging that complainant went to the ticket once of the defendant company at a point on it's line. purchased a ticket from defendants ticket agent for her trans portaSion to named place on de- fendancs line. paying therefor a sum certain and boarded defendants passen- ser train. and that on reaching a sta tton some fourteen miles distant from her point of destination the conductor In charge of the train called to her and told her that that was her sta ton. and that there was where she wanted tc get off, and believing what the conductor said, she got of at said station, ,suf'iciently shows the relation of passenger and carrier, the duty yio- lated and states a substantial cause of action.
 2. Same; issues: proof and variance An allegation in a complaint that plain tin was put on the train" at a point other than her destination, when read in connection with the other allegations that the conductor told her that 1t was her station. and in reliance thereon.
 
 got on in response to the conductors invitation; and where the proof showed that she got off at the conductors in- vitation, there was no material vari- ance between the allegation and the proof. -. :. Appeal and error; presumptions; record d.-Although the record shows that three pleas were filed and that a demurrer was interposed to the third | lAA h..t Call .L~~ ta taken on the demurrer, and the Judg- nent entry recftes that issue was joined on the plea, 1t will be presumed tha at the demurrer was abandoned and that issue was joined on the third plea. {. Judgment; conformity to issues immateriai piear-Where issue Is taken | on an immateriaI plea and the plea is sustained by the evidence, the de- fendant is entitled to judgment. Appeal from Jackson Circuit Court Heard before Hon. W. W. Haralson. Reversed and remanded. Opinion by Dowdell, J.
 Tyson, c. J., Anderson and McCiel- Ian. JJ., concur.
 WALDEN ct al V. M'KINNoN Specific Performance-(Decid June IS, 1s0S-Rehearing denied Dec 24, 1s0s.-47 South. S7D. I. Arbitration and award; submis. sion. .--An exception to the common law rule that a submission to arbitration may be by paroI prevails where title To land is involved. and this exception Is recognized and enforced in this Jurls. diction.
 2. Specific performances; award: | controversy involving title to land l Where the submission was oral, and the | award rendered on the Submission! gave to one of the parties to defend ant right-of-way over certain strip of land, the same operated on title to land, and cannot be specif- cally enforced.
 8. Same; evidence. The actual re- suit of the award being to operate on the title. under oral submission for award, the fact that the arbitrators testified that in making the award they did not consider the title cannot taffect the actual result of the award in its operation upon the title.
 Appeal from Geneva Chancery Court l Heard before Hon. W. L. Parks.
 Reversed and rendered. Opinion by | Denson. J.
 Tyson. c. J., Haralson and Simpson l IL. concur