Kansas City, Memphis & Birmingham Railroad v. Watson
Supreme Court of Alabama
Appeal from the Circuit Court of Lamar. Tried before the Hon. S. H. Sprott. This action was brought by O. O. Watson, against the appellant corporation, to discover damages for the killing of plaintiff’s mule; and was commenced on the 24th August, 1888. The mule was killed on the 28th February, 1888, and the fact that it was killed by one of defendant’s trains was not disputed; but the evidence was conflicting as to the circumstances attending the killing.
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Appeal from the Circuit Court of Lamar. Tried before the Hon. S. H. Sprott. This action was brought by O. O. Watson, against the appellant corporation, to discover damages for the killing of plaintiff’s mule; and was commenced on the 24th August, 1888. The mule was killed on the 28th February, 1888, and the fact that it was killed by one of defendant’s trains was not disputed; but the evidence was conflicting as to the circumstances attending the killing. The plaintiff himself testified “that there were tracks on the road-bed, east of where the mule was found lying, for one hundred yards or…
1Opinion of the CourtClopton, J.
That the mule for injury to which appellee sues, was killed by the locomotive of defendant, was an admitted fact on the trial. The controverted questions were, whether the engineer kept a proper look-out, or by proper watchfulness could or ought to have seen the mule in time to prevent the injury. As to these questions of fact, the evidence varied. The engineer testified that he kept a steady look-out, and could not have discovered the mule earlier than he did, and when seen, no human efforts could have stopped the train in ■time to avoid a collision. In this statement, he is, in some…
2Cases cited3 opinions
- East Tennessee, Virginia & Georgia Railroad v. BaylissSupreme Court of Alabama · 1883
- South & North Alabama Railroad v. JonesSupreme Court of Alabama · 1876
- Jones v. HoughSupreme Court of Alabama · 1884
3Cited by11 opinions
- Harris v. Misssouri, K. & T. Ry. Co.Supreme Court of Oklahoma · 1909
- L. N. R. Co. v. HolmesAlabama Court of Appeals · 1946
- Chattanooga Southern Railroad v. DanielSupreme Court of Alabama · 1898
- Atlantic Coast Line Railroad Company v. NorredAlabama Court of Appeals · 1955
- Louisville N. R. Co. v. LowreyAlabama Court of Appeals · 1953
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