Western Ry. of Ala. v. Mitchell
Supreme Court of Alabama
Action, for Damages for Kilting Htock. Appeal from Montgomery City Court. Heard before Hon. A. I). Sayre. Action by John I). Mitchell against the Western Rail-' way of Alabama. From a judgment in favor of plaintiff, defendant appeals. Affirmed. This is an action for damages, brought by appellee against appellant for the negligent killing of two mules.
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Action, for Damages for Kilting Htock. Appeal from Montgomery City Court. Heard before Hon. A. I). Sayre. Action by John I). Mitchell against the Western Rail-' way of Alabama. From a judgment in favor of plaintiff, defendant appeals. Affirmed. This is an action for damages, brought by appellee against appellant for the negligent killing of two mules. The complaint contains five counts, and is in the following language: “(1) Plaintiff claims of the defendant $500 as damages for the negligent killing, by an engine, locomotive, or car of the defendant, of two mules, property of the plaintiff,…
1Opinion of the CourtWeakley, C. J.
— The third count of the complaint is good.—E. T., Va. & Ga. R. R. Co. v. Carloss, 77 Ala. 443. It is not open to the criticism that it assumes the running of any train of cars or locomotives upon the defendant’s track would he negligence. Fairly construed, the meaning is the same as if it had.alleged that the plaintiff’s mirles were killed by reason of the negligence of the defendant in and about the running of its train, etc.
The fourth count -was sufficiently specific as to the place of the accident, and was otherwise good. The Car-loss Case, supra, relied on by appellant to support the…
2Cases cited6 opinions
- Alabama Great Southern Railroad v. JonesSupreme Court of Alabama · 1882
- Birmingham Mineral R. R. v. HarrisSupreme Court of Alabama · 1893
- Louisville & Nashville Railroad v. HallSupreme Court of Alabama · 1901
- East Tenn., Va. & Ga. Railroad v. CarlossSupreme Court of Alabama · 1884
- Central Railroad & Banking Co. of Georgia v. IngramSupreme Court of Alabama · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Young v. Woodward Iron Co.Supreme Court of Alabama · 1927
- Ruffin Coal & Transfer Co. v. RichSupreme Court of Alabama · 1926
- Western Ry. of Alabama v. MadisonAlabama Court of Appeals · 1918
- Montgomery Light & Traction Co. v. BakerSupreme Court of Alabama · 1914
- Hines v. BeasleyAlabama Court of Appeals · 1920
5 more not listed; retrieve them via the Exa API.