Southern Railway Co. v. Hoge
Supreme Court of Alabama
Appeal from the City Court of Gadsden. Tried before the I-Ion. John H. Disqtjio. ' This action was brought by the appellee, J. F. Hoge, against the Southern Railway' Co. to recover damages for the alleged negligent killing of two mules, the property of the plaintiff.
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Appeal from the City Court of Gadsden. Tried before the I-Ion. John H. Disqtjio. ' This action was brought by the appellee, J. F. Hoge, against the Southern Railway' Co. to recover damages for the alleged negligent killing of two mules, the property of the plaintiff. The complaint contains three counts, which were in words and figures as follows: 1. “The plaintiff claims of the defendant corporation three hundred and 00-100 dollars damage for that on and prior to the 4th day of July, 1002, the defendant was operating locomotives, cars or trains over and through the county of Etowah, from…
1Opinion of the Court
I-IARALSON, J.-
There was no merit in the demurrer to the complaint, as has in principle been often decided. — Choate v. Southern Ry. Co., 119 Ala. 611.
The demurrer to the plaintiff’s, 2d plea, was properly sustained. — A. G. S. R. Co. v. McAlpine, 71 Ala. 545; A. G. S. R. Co. v. C. Powers, 73 Ala. 244;; L. & N. R. Co. v. Kelsey, 89 Ala. 287.
The evidence shows without conflict, that the track was straight, from a, quarter to a half mile in the direction from which the train was coming, to where the mules came on the track; that'mule tracks were seen on the right of way of the railroad, also…
2Cases cited6 opinions
- Birmingham Mineral R. R. v. HarrisSupreme Court of Alabama · 1893
- Alabama Great Southern Railroad v. McAlpine & Co.Supreme Court of Alabama · 1882
- Choate v. Southern Railway Co.Supreme Court of Alabama · 1898
- Alabama Great Southern Railroad v. PowersSupreme Court of Alabama · 1882
- Louisville & Nashville Railroad v. KelseySupreme Court of Alabama · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Nashville C. & St. L. Ry. v. BinghamSupreme Court of Alabama · 1913
- Bugg v. GreenSupreme Court of Alabama · 1926
- Alabama Great Southern Railroad v. McDanielSupreme Court of Alabama · 1915
- Selma Street & Suburban Ry. Co. v. MartinAlabama Court of Appeals · 1911
- Armstrong v. Louisville and Nashville Railroad Co.Supreme Court of Alabama · 1956
7 more not listed; retrieve them via the Exa API.