Louisville & Nashville Railroad v. Vanzant
Supreme Court of Alabama
Appeal from Calhoun Circuit Court. Heard before" lion. A. H. Alston. diction by John \Y. Yansant against the Louisville & Nashville Railroad Company. From a judgment overruling demurrers to the complaint, defendant appealed.
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Appeal from Calhoun Circuit Court. Heard before" lion. A. H. Alston. diction by John \Y. Yansant against the Louisville & Nashville Railroad Company. From a judgment overruling demurrers to the complaint, defendant appealed. The complaint was as follows: “Plaintiff claims of defendant the sum of $10,000 as damages, for that, whereas, heretofore the defendant, on or about October 2, 1906, was operating a railroad for the transportation of freight and passengers for hire in Calhoun county,Alabama, and at a point where said railroad crosses the public road near Union Church, in Calhoun count,)’,…
1Opinion of the Court
DENSON, -T.
The plaintiff claims damages from the defendant for personal injuries suffered by plaintiff, consequent upon the alleged negligence of defendant’s servants in placing a hand car in a public highway near defendant's railroad track thereby causing plaintiff’s horse to become frightened and to jump, throwing plaintiff from his buggy and inflicting serious personal inju*530ries upon him. The complaint is attacked by demurrer, upon the ground that it fails to aver that the car was an object calculated to frighten horses. Whether or not the complaint is subject to this demurrer depends upon…
2Cases cited8 opinions
- Pittsburgh Southern Railway Co. v. TaylorSupreme Court of Pennsylvania · 1883
- Cleveland, Columbus, Cincinnati & Indianapolis Railway Co. v. WynantIndiana Supreme Court · 1888
- Piollet v. SimmersSupreme Court of Pennsylvania · 1884
- Ayer v. City of NorwichSupreme Court of Connecticut · 1872
- Agnew v. City of CorunnaMichigan Supreme Court · 1885
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Shelby Iron Co. v. MorrowSupreme Court of Alabama · 1923
- Reynolds v. Atlantic Coast Line R. Co.Supreme Court of Alabama · 1948
- Alabama Consolidated Coal & Iron Co. v. CowdenSupreme Court of Alabama · 1911
- Thrasher v. BurrSupreme Court of Alabama · 1918
- Shelby Iron Co. v. MorrowSupreme Court of Alabama · 1923