Mobile & Montgomery Railway Co. v. McKellar
Supreme Court of Alabama
Appeal from the Circuit Court of- Butler. Tried before the Hon. John K. Henry. This action was brought by Alexander McKellar in the Circuit Court of Butler county, against the Mobile and Montgomery Railway Company, to recover damages for killing a coav.
Read the full summary
Appeal from the Circuit Court of- Butler. Tried before the Hon. John K. Henry. This action was brought by Alexander McKellar in the Circuit Court of Butler county, against the Mobile and Montgomery Railway Company, to recover damages for killing a coav. The original complaint Avas in these Avords: “The plaintiff claims of the defendant, a corporation under the Lavs of Alabama, and doing business in the State of Alabama, the sum of tAVO hundred and fifty dollars for Avrongfully killing and destroying the folloAving property, viz.: One milch coav, of the value of one hundred dollars. “ The same…
1Opinion of the Court
STONE, J.—
We have said that the introduction of steam as a motive power, has wrought some changes in the application of legal principles.—See Satterfield v. Mobile Trade Company, and Tanner v. Louisville and Nashville R. R. Co. (in manuscript.) Corporations—especially railroad corporations—may commit trespass.—2 Addison on Torts, 720, 1117 to 1123; Smith v. Birmingham and Staffordshire Gas Light Co. 1 Adol. & El. 526; 1 Redf. on Railways, 365, 511; Ormsby v. M. & W. P. R. R. Co. 37 Ala. 560.
The original complaint in this cause was clearly in trespass.— Williams v. Ivey, 37 Ala. 244; Ragsdale…
2Cases cited5 opinions
- Crimm's Adm'rs v. CrawfordSupreme Court of Alabama · 1857
- Ragsdale v. BowlesSupreme Court of Alabama · 1849
- Sheppard v. FurnissSupreme Court of Alabama · 1851
- Owsley v. Montgomery & West Point RailroadSupreme Court of Alabama · 1861
- Williams v. IveySupreme Court of Alabama · 1861
3Cited by4 opinions
- Southern Bell Telephone Co. v. FrancisSupreme Court of Alabama · 1895
- Payne v. JonesSupreme Court of Alabama · 1969
- Higdon v. KennemerSupreme Court of Alabama · 1897
- Myers v. BakerAlabama Court of Appeals · 1931