The Birmingham age-herald., 1917-01-19
Supreme Court Reduces Damage Verdict Against
 Railroad Company
MENTAL ANGUISH NOT
 AS GREAT AS CLAIMED
Casualty Company Must Pay Selma Institution for Dedication of Cashier, It Is Held-Many
 Opinions Handed Down

Montgomery, January 1S.-(Special)-If Clayton Boggs of Morgan county had not talked too much he would have collected S25o from the Louisville and Nashville railroad as damages for being elected from one of the company s trains after he refused to pay 15 cents more in cash than the price ticket would have cost him. Boggs refused to pay the money and was elected. He sued and obtained Judgment for s250 in the Morgan law and equity court but Boggs' gossip reached the supreme court so it affirmed the ver- dict of the jury Thursday but reduced the judgment to S25.
 Boggs contended that he was due dam ages to compensate him for the mental anguish suffered when he was elected while other passengers were nearby, but the railroad showed that he remarked to the conductor: ''You put me off and I will make a. test case of this. We will get some money out of the company or your d. job, one or the other" The supreme court didn't think this indicated any great state of mental anguish about the time Boggs was being elected.
 The legislature in 1915 gave the supreme
  ments and this probably is the first case where the authority has been used.
 In another interesting case the supreme court held that the Alabama Fidelity and Casualty company, which was organized in Montgomery, must pay s5700 to the Alabama Penny Savings bank of Selma as a result of the enbezzlement of a greater amount by R. w. Hunter, cashier of the bank. The fidelity and casualty company attacked the banks claim on the contention that Hunter was a default CT at the time the bond was executed, that the bank knew of the dedication or should have known of it, and that no information about the shortage was given to the company when the application for 6 bond was made.
 Judgment was given against the com pany by a jury in Dallas county for $5000, total amount of the bond. and $7Oo in- terest. This Judgment was affirmed.
 DECISIONS ANNOUNCED
 Anderson, c. J.-Roswell S. Nance vs. Robert c. Walker. appeal from Mobile circuit court; affirmed
 Mcclellan, J.--Aiabama Corn Mills com pany vs. Mobile Docks company, appeal from Mobile chancery court; affirmed.
 Alabama Fideliayt and Casualty com- pany vs. Alabama Penny Savings bank, appeal from Selma city court: affirmed. Maria J. Card vs. H. M. Cunningham, appeal from Jackson chancery court; re- versed and remanded
 Sayre, J.--John ConA vs. w. o. Sellers, appeal from Clarke circuit court; af- firmed.
 D. J Dinsmoor vs. Emeline Thomas, appeal from Mobile law and equity court; affirmed.
 Central of Georgia Railway company vs J. D. Lanier appeal from Jefferson circuit court: reversed and remanded- Ex parte city of Birmingham. appli- cation to review proceedings before Ala bana public service commissions; af- 1irmed.
 Louisville and Nashville Railroad com pany vs Clayton Boggs. appeal from Morgan law and equity court; reversed and remanded conditionally.
 Gardner. J.-Atlantic Coast Line Rail- road company vs. Enterprise Cotton Oil company. appeal from Coffee circuit court: affirmed.
 Marbury Lumber company vs. Mary B. Lament, appeal from Autauga circuit court; affirmed.
 R. G. Hoover vs. Griffin Miller, ct als., appeal from Lamar circuit court; re- versed and remanded
 Mrs. l.. E. Buckalew vs James w. Lusk, ct als., appeal from Lamar circuit court; reversed and remanded.
 Ruling on applications for rehear-