Bay Shell-Road Co. v. O'Donnell
Supreme Court of Alabama
Appeal from the City Court of Mobile. Tried before the Hon. O. J. Semmes. This action was brought by John O’Donnell, against the Bay Shell-Road Company, a private corporation, to recover damages for an alleged trespass committed by defendant’s servants and agents, in seizing plaintiff’s cattle while trespassing on said shell-road, and detaining them until plaintiff paid the required fees and expenses in order to procure their release; and it was commenced on the 12th April,…
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Appeal from the City Court of Mobile. Tried before the Hon. O. J. Semmes. This action was brought by John O’Donnell, against the Bay Shell-Road Company, a private corporation, to recover damages for an alleged trespass committed by defendant’s servants and agents, in seizing plaintiff’s cattle while trespassing on said shell-road, and detaining them until plaintiff paid the required fees and expenses in order to procure their release; and it was commenced on the 12th April, 1887. The defendant pleaded not guilty, and filed a special plea justifying the seizure under an act of the General…
1Opinion of the CourtMcCLELLAN, J.
By section 2 of an act “for the protection of life and property upon the Bay Shell Road,” approved February 17, 1885, it is provided, .“that it shall be unlawful for any person to allow any loose animal belonging to them to run at large upon said Bay Shell Road, and any animal found running at large on said road may be, by any officer or employee of said Bay Shell Road Company, taken up and estrayed in the manner as is provided by Article I, Chapter 7, Title 13, Part 1 of the Code of Alabama.” — Acts 1884-5, pp. 392-3.
To an action of trespass brought against the Bay Shell Boad Company by John…
2Cases cited1 opinion
- Stewart v. Court of County CommissionersSupreme Court of Alabama · 1886
3Cited by13 opinions
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- Spratt v. Helena Power Transmission Co.Montana Supreme Court · 1908
- City Council v. BirdsongSupreme Court of Alabama · 1899
- Beauvoir Club v. StateSupreme Court of Alabama · 1907
- Birmingham Union Railway Co. v. Elyton Land Co.Supreme Court of Alabama · 1896
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