Southern Railway Co. v. Hartman
Alabama Court of Appeals
Killing Animals'.- Appear from Jackson Circuit Court. Heard before Hon. W. W. Haralson. Action by J. W. Hartman against The Southern Railway Company for damages for killing animals. Judgment for plaintiff and defendant appeals.
Read the full summary
Killing Animals'.- Appear from Jackson Circuit Court. Heard before Hon. W. W. Haralson. Action by J. W. Hartman against The Southern Railway Company for damages for killing animals. Judgment for plaintiff and defendant appeals. The court erred in charging that the burden of proof was on the defendant to show that there was no negligence. — L. & N. R. R. Oo. v. Christian Co., 150 Ala. 390; Same v. Mertz & Co., 149 Ala. 561; B. R, L. & P. Co. v. Landrum, 158 Ala. 192. The operatives in charge of the engine should not be required to keep a lookout inconsistent with their other duties. — Creen v.…
1Opinion of the Court
PELHAM, P. J.-
-The action is by the appellee (plaintiff) to recover damages of the appellant (defendant) for killing a horse. The facts are without conflict in the evidence, and show that the animal was killed at 7 o’clock in the morning by one of the appellant’s east-bound passenger trains about one quarter of a mile east of a station on the line of appellant’s railroad called Woodville. From Woodville to the point where the horse was struck and killed, the track is straight. The appellant’s right of way is fenced in on both sides of the track where the injury occurred, the fences running…
2Cases cited3 opinions
- Ex parte Southern Ry. Co.Supreme Court of Alabama · 1913
- Jones Cotton Co. v. SneadSupreme Court of Alabama · 1910
- Southern Ry. Co. v. ParkesAlabama Court of Appeals · 1914
3Cited by1 opinion
- Southern Railway Co. v. BlankenshipAlabama Court of Appeals · 1915