Brown & Flowers v. Central of Georgia Ry. Co.
Supreme Court of Alabama
Appeal from Houston Circuit Court. Heard before Hon. H. A. Pearce. Action by Brown & Flowers against the Central of Georgia Railway Company. From a judgment for defendant, plaintiff appeals.
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Appeal from Houston Circuit Court. Heard before Hon. H. A. Pearce. Action by Brown & Flowers against the Central of Georgia Railway Company. From a judgment for defendant, plaintiff appeals. Transferred from the Court of Appeals under section 6, pp. 449, Acts of April 18, 1911. Counts 3 and 4 allege that by reason of negligence or want of skill on the part of defendant’s agent in the management and running of a locomotive, car, or train on a railroad in and through the city of Dothan, Ala., a locomotive and train of cars on said road ran over and killed one mule, the property of plaintiff.…
1Opinion of the CourtThomas, J.
This court on former appeal held that under the evidence the inference of subsequent negligence was for the jury. — Brown & Flowers v. C. of Ga. Ry. Co., 185 Ala. 659, 64 South. 581. The affirmative charge requested by defendant was properly refused on this trial. Both trials were had on counts 3 and 4, added by way_ of amendment, and in these counts there was no allegation of wanton, willful, or intentional wrong.(1) Under a complainant charging negligence generally, the plaintiff may recover on proof of negligence subsequent to the *74actual discovery of persons in a place of danger on or near…
2Cases cited34 opinions
- Central of Georgia Railway Co. v. FosheeSupreme Court of Alabama · 1899
- Ga. Pacific Railway Co. v. LeeSupreme Court of Alabama · 1890
- Tanner's v. Louisville & Nashville RailroadSupreme Court of Alabama · 1877
- Glass v. Memphis & Charleston RailroadSupreme Court of Alabama · 1891
- Carter v. ChambersSupreme Court of Alabama · 1885
29 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Birmingham Southern R. Co. v. HarrisonSupreme Court of Alabama · 1919
- MacKintosh Co. v. WellsSupreme Court of Alabama · 1928
- White Swan Laundry Co. v. WehrhanSupreme Court of Alabama · 1918
- Kendrick v. BIRMINGHNA SOUTHERN R. CO.Supreme Court of Alabama · 1950
- Fayet v. St. Louis S. F. R. Co.Supreme Court of Alabama · 1919
11 more not listed; retrieve them via the Exa API.