Mobile Light & Railroad v. Hansen
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. William S. Anderson. This action was brought by the appellee, Ed Hansen, against the appellant, the Mobile Light & Railroad Company, to recover damages for the alleged negligent killing of the plaintiff’s horse. After the introduction of the plaintiff’s evidence, the defendant moved to exclude all of such evidence, upon the ground that said evidence did not make out a prima facie case.
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Appeal from the Circuit Court of Mobile. Tried before the Hon. William S. Anderson. This action was brought by the appellee, Ed Hansen, against the appellant, the Mobile Light & Railroad Company, to recover damages for the alleged negligent killing of the plaintiff’s horse. After the introduction of the plaintiff’s evidence, the defendant moved to exclude all of such evidence, upon the ground that said evidence did not make out a prima facie case. The court granted this motion, and to this ruling the plaintiff duly excepted. Thereupon the plaintiff in consequence of such adverse ruling took a…
1Opinion of the CourtTyson, J.
This appeal is prosecuted from an order of the circuit court setting aside a non-suit taken by the *286plaintiff. A motion is made here to dismiss the appeal. This motion must be granted unless the order setting aside the non-suit was the granting of a new trial within the purview of section 434 of the Code authorizing an appeal from an order granting or refusing a motion for a new trial. In Truss v. B. L. & M. R. R. Co., 96 Ala. 316, the question arose as to whether an order settting aside a judgment by default, was the granting of a new trial within the meaning of this statute. It Avas held…
2Cases cited1 opinion
- Truss v. Birmingham, LaGrange & Macon RailroadSupreme Court of Alabama · 1892
3Cited by8 opinions
- Garden City Feeder Co. v. Commissioner of Internal Rev.Court of Appeals for the Eighth Circuit · 1935
- Baggett v. Alabama Chemical Co.Supreme Court of Alabama · 1908
- Harden v. United States Fidelity & Guaranty Co.Supreme Court of Alabama · 1958
- Wessex House of Jacksonville, Inc. v. KelleySupreme Court of Alabama · 2005
- Barnes v. GeorgeSupreme Court of Alabama · 1990
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