Memphis & Charleston R. R. v. Hembree
Supreme Court of Alabama
Appeal from Jackson Circuit Court-. Tried before Hon. L. W. Day, special judge. This was an action brought by the appellee, A. J. Hembree against the Memphis & Charleston and the East Tenn., Va. & Ga. Railroad Companies to recover damages for the alleged killing of an ox, the property of the plaintiff. The place of the alleged killing was on the line of the Nashville, Chattanooga & St. Louis Railway Company, over which line of road the appellants ran their trains.
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Appeal from Jackson Circuit Court-. Tried before Hon. L. W. Day, special judge. This was an action brought by the appellee, A. J. Hembree against the Memphis & Charleston and the East Tenn., Va. & Ga. Railroad Companies to recover damages for the alleged killing of an ox, the property of the plaintiff. The place of the alleged killing was on the line of the Nashville, Chattanooga & St. Louis Railway Company, over which line of road the appellants ran their trains. There was some conflict in the testimony as to the time of the killing of the said ox — the complaint alleging that it was done on…
1Opinion of the Court
SOMERVILLE. J.
1. It is an established rule, many times reiterated by this court, that if any documents or papers, which are necessary as evidence in a court in one State be in possession of a person residing in another State, or jurisdiction, secondary evidence may be admitted to prove the contents of such documents or papers, without giving any preliminary notice to produce them. — Young v. East Ala. R'y Co., 80 Ala. 100; Martin v. Brown, 75 Ala. 442; Gordon v. Tweedy, 74 Ala. 236; Stephens’ Dig. Law Ev. (Reynolds’ Ed.), Art. 71; Burton v. Driggs, 20 Wall. 125.
The court, under this…
2Cases cited9 opinions
- Burton v. DriggsSupreme Court of the United States · 1874
- Gordon, Rankin & Co. v. TweedySupreme Court of Alabama · 1883
- Martin, Dumee & Co. v. Brown, Shipley & Co.Supreme Court of Alabama · 1883
- Young v. East Ala. Railway Co.Supreme Court of Alabama · 1885
- Georgia Pacific Railroad v. FullertonSupreme Court of Alabama · 1885
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3Cited by4 opinions
- Thompson v. StateSupreme Court of Alabama · 1957
- Central of Georgia Ry. Co. v. WilliamsSupreme Court of Alabama · 1917
- Worthington v. Cleveland Lumber Co.Alabama Court of Appeals · 1918
- Thompson v. StateSupreme Court of Alabama · 1957