Louisville & Nashville Railroad v. Fitzpatrick
Supreme Court of Alabama
Appeal from the Circuit Court of Elmore. Tried before the Hon. N. D. Denson. This action was brought by the appellee against the Louisville & Nashville Railroad Company to recover damages for the alleged negligent killing of a dog.
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Appeal from the Circuit Court of Elmore. Tried before the Hon. N. D. Denson. This action was brought by the appellee against the Louisville & Nashville Railroad Company to recover damages for the alleged negligent killing of a dog. The complaint contained but one count, which, after alleging that the defendant was operating a railroad in the county of Elmore on June 15, 1898, and that a certain engine and train of cars of the defendant was being run on said road and were under the control and management of the defendant’s employees, further avers as follows: That said engine and train of cars…
1Opinion of the Court
iSHARPE, J.
By the common law, ownership of a dog carried with it property rights to afford the owner a civil remedy for injuries to the animal but which was not a subject of larceny. — 4 Black. Com. 235. This court lias followed the common law doctrine entire as to actions for damages in Mise v. Parker, 27 Ala. 480 and White v. Brantley, 37 Ala. 430, and respecting larceny in Ware v. State, 48 Ala. 163 and Johnson v. State, 100 Ala. 32.
In other jurisdictions the civil remedy has been generally accorded, but to justify the proposition that a dog cannot be stolen has been difficult to an extent…
2Cases cited7 opinions
- Parker v. MiseSupreme Court of Alabama · 1855
- Jemison v. Southwestern RailroadSupreme Court of Georgia · 1885
- Citizens' Rapid Transit Co. v. DewTennessee Supreme Court · 1898
- Johnston v. StateSupreme Court of Alabama · 1893
- Ward v. StateSupreme Court of Alabama · 1872
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Alabama City G. & A. Ry. Co. v. LumpkinSupreme Court of Alabama · 1915
- Lacker v. StraussMassachusetts Supreme Judicial Court · 1917
- Southern Ry. Co. v. HarrisSupreme Court of Alabama · 1922
- Alabama Great Southern R. Co. v. WedgworthSupreme Court of Alabama · 1922
- Louisville N. R. Co. v. WatsonSupreme Court of Alabama · 1922
4 more not listed; retrieve them via the Exa API.