Alabama Great Southern Railroad v. Crisp

This is a suit for damages for the alleged negligent killing of a dog by the defendant’s south-bound passenger-train. A justice of the peace rendered a judgment for plaintiffs, the case was appealed to the superior court, and a jury in that court found for plaintiffs. The overruling of defendant’s motion for a new trial based solely upon the general grounds brings the case to this court.

The only eye-witness (sworn for the plaintiff) testified substantially as follows: “I was in the yard and happened to look up when the train run, and I seen the dog come out just as it hit him. He was about…