Brown v. Alabama Great Southern Railroad
Supreme Court of Alabama
Appeal from the Circuit Court of Tuskaloosa. Tried before the Hon. Sam. H. Sprott. This action was brought by R. R. Brown,- against the appellee, a domestic corporation, to recover $65 as damages for the loss of two cows and ten turkeys, alleged to have been negligently killed by the defendant’s locomotive and cars; and was commenced in a justice’s court, on the 6th September, 1887. The defendant pleaded in abatement to the jurisdiction of the justice, and moved to dismiss…
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Appeal from the Circuit Court of Tuskaloosa. Tried before the Hon. Sam. H. Sprott. This action was brought by R. R. Brown,- against the appellee, a domestic corporation, to recover $65 as damages for the loss of two cows and ten turkeys, alleged to have been negligently killed by the defendant’s locomotive and cars; and was commenced in a justice’s court, on the 6th September, 1887. The defendant pleaded in abatement to the jurisdiction of the justice, and moved to dismiss the suit because the amount claimed was beyond his jurisdiction; but the justice overruled the plea and the motion, and…
1Opinion of the CourtStone, C. J.
Our decisons are uniform, that under our constitution and statutes, the jurisdiction of the justices of the peace, in cases of tort, is limited to fifty dollars. This is the language of the general statute.—Code of 1886, § 839; Taylor v. Woods, 52 Ala. 474; Burns v. Henry, 67 Ala. 209; Carter v. Alford, 64 Ala. 236; Rodgers v. Gaines, 73 Ala. *372218; Alabama Great Southern Railroad Co. v. Christian, 82 Ala. 307.
In the Code of 1886; § 1149, is the following provision: “A justice of the peace has jurisdiction of all actions for injury to, or destruction of stock, by the locomotive or cars of a…
2Cases cited10 opinions
- Zeigler v. South & North Ala. R. R.Supreme Court of Alabama · 1877
- South & North Alabama Railroad v. MorrisSupreme Court of Alabama · 1880
- Mayor of Mobile v. Stonewall InsuranceSupreme Court of Alabama · 1875
- Green v. StateSupreme Court of Alabama · 1882
- Smith v. Louisville & Nashville RailroadSupreme Court of Alabama · 1883
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Randolph v. Builders & Painters Supply Co.Supreme Court of Alabama · 1894
- State v. MitchellSupreme Judicial Court of Maine · 1902
- Western Railway Co. v. LazarusSupreme Court of Alabama · 1889
- Seaboard Air Line Ry. Co. v. Railroad CommissionU.S. Circuit Court for the District of Middle Alabama · 1907
- Camp v. Marion CountySupreme Court of Alabama · 1890
4 more not listed; retrieve them via the Exa API.