Alabama Great Southern Railroad v. Boyd
Supreme Court of Alabama
Appeal from Bibb Circuit Court. Tried before S. D. Logan, Esq., Special Judge. Action by James L. Boyd against the Alabama Great Southern Railroad Company to recover damages for killing a coav. The suit was carried to the circuit court by appeal from judgment rendered against the defendant in a justice court.
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Appeal from Bibb Circuit Court. Tried before S. D. Logan, Esq., Special Judge. Action by James L. Boyd against the Alabama Great Southern Railroad Company to recover damages for killing a coav. The suit was carried to the circuit court by appeal from judgment rendered against the defendant in a justice court. The evidence for the plaintiff tended to show that the coav was killed not nearer than three-quarters of a mile to a station, and Avas not killed in any village or tOAvn, or near any railroad or other crossing. It Avas shoAvn that the track of the road from the place the coav was killed…
1Opinion of the CourtSharpe, J.
— The rule governing the burden of proof as to negligence in trials involving injury to stock by the locomotives or cars of a railroad in this State has been regulated by statute. The different enactments on the subject are particularly mentioned in the opinion rendered in Ga. Pac. R. R. Co. v. Hughes, 87 Ala. 611, and again in the opinion in Birmingham Min. R. R. Co. v. Harris, 98 Ala. 326.
Under the statutes as they existed prior to the Code of 1886 the onus placed by them upon the railroad to acquit itself of negligence in such cases applied without regard to the place AAdiere the injury…
2Cases cited2 opinions
- East Tenn., Va. & Ga. Railroad v. WatsonSupreme Court of Alabama · 1890
- Birmingham Mineral R. R. v. HarrisSupreme Court of Alabama · 1893
3Cited by16 opinions
- Louisville & Nashville Railroad v. Christian Moerlein Brewing Co.Supreme Court of Alabama · 1907
- Southern Railway Co. v. SmithSupreme Court of Alabama · 1909
- Western Ry. v. McPhersonSupreme Court of Alabama · 1906
- Kansas City, Memphis & Birmingham Railroad v. ChildersSupreme Court of Alabama · 1902
- Perry v. Atlantic Coast Line R. Co.Alabama Court of Appeals · 1949
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