Central Railroad & Banking Co. of Georgia v. Ingram
Supreme Court of Alabama
ArPEAL from Bussell Circuit Court. Tried before tbe Hon. J. M. Carmichael. (1). If tbe testimony of Norris, tbe engineer, be true, tbe plaintiff is not entitled to recover. — Ala. G. So. R. R. v. Me Alpine, 75 Ala. 113; lb. v. Roebuch, 76 Ala. 113; Ga. Pa. Rwy.
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ArPEAL from Bussell Circuit Court. Tried before tbe Hon. J. M. Carmichael. (1). If tbe testimony of Norris, tbe engineer, be true, tbe plaintiff is not entitled to recover. — Ala. G. So. R. R. v. Me Alpine, 75 Ala. 113; lb. v. Roebuch, 76 Ala. 113; Ga. Pa. Rwy. Go. v. Hughes, 87 Ala. 610. (2). Tbe burden is on tbe plaintiff to sbow tbe negligence of tbe defendant, railroad company.- — 87 Ala. 610. (3). Tbe affirmative charge was in writing, and should have been given as asked by tbe defendant. — Longv. McDougald, 23 Ala. 413 ; Belisle v. Ólarke, 49 Ala. 98; Hall v. Posey, 79 Ala. 89; 81 Ala.…
1Opinion of the CourtHead, J.
Appellant’s train, on the morning of November 21st, 1890, at about 3:30 o’clock, encountered on the track, sixteen of appellee’s mules; ran over them and killed thirteen, and fatally injured the rest. The engineer gave, as an excuse for running over them, that it occurred at Dry Creek, where a heavy fog then prevailed which obscured his vision and rendered it impossible to see the mules until he was so near them that preventive effort was impossible. The prevalence of fog was controverted by the plaintiff. The engineer was the only witness who testified to it, and he further testified that…
2Cases cited3 opinions
- Alabama Great Southern Railroad v. JonesSupreme Court of Alabama · 1882
- Memphis & Charleston Rail Road v. LyonSupreme Court of Alabama · 1878
- Central Railroad & Banking Co. v. IngramSupreme Court of Alabama · 1891
3Cited by14 opinions
- St. Louis & San Francisco Railroad v. MooreMississippi Supreme Court · 1911
- Louisville & Nashville Railroad v. DavisSupreme Court of Alabama · 1893
- Louisville & Nashville Railroad v. KeltonSupreme Court of Alabama · 1895
- Western Ry. of Ala. v. MitchellSupreme Court of Alabama · 1906
- Louisville N. R. Co. v. KingAlabama Court of Appeals · 1953
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