Tombigbee Valley Railroad v. Still
Alabama Court of Appeals
Appeal from Washing-ton Circuit Court. Heard before Hon. John T. Lackland. Action by Goerge Still against the Tombigbee Valley Railroad Company, for damages for killing stock. Judgment for plaintiff and defendant appeals. There was not sufficient evidence to connect defendant with the injury or to show what was the amount of the damages. —13 Cyc. 149; 33 Cyc. 1293; Alley v. Daniel, 75 Ala. 403.
1Opinion of the CourtPelham, J.
It is insisted that the general charge requested by the appellant should have been given, because it is not shown by the evidence set out in the bill of exceptions, which is stated affirmatively to contain substantially all of the evidence, that the train that killed or injured the animal was owned or operated by the appellant (defendant below) company or its agents. The question of its having been the defendant’s train that caused the injury is clearly shown by the oral charge of the court set out in the record, the charges requested by the defendant, and the whole course of the trial, as…
2Cases cited2 opinions
- Birmingham Ry. L. & P. Co. v. TaylorSupreme Court of Alabama · 1907
- Birmingham Railway, Light & Power Co. v. LeachAlabama Court of Appeals · 1912
3Cited by3 opinions
- Abraham Bros. v. MeansAlabama Court of Appeals · 1917
- Ex Parte MeansSupreme Court of Alabama · 1917
- Abraham Bros. v. MeansAlabama Court of Appeals · 1917