Hilliker-Krebs Building & M'f'g Co. v. Birmingham Railway & Electric Co.
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. "William W. Wilkerson. Tbis was an action brought by the appellant against the appellee to recover damages for the alleged negligent killing, by a train of the defendant, of two mules, the property of the plaintiff. The case was tried without a jury and there was judgment for the defendant. The circumstances of the accident and other necessary facts are sufficiently stated in the opinion.
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Appeal from the City Court of Birmingham. Tried before the Hon. "William W. Wilkerson. Tbis was an action brought by the appellant against the appellee to recover damages for the alleged negligent killing, by a train of the defendant, of two mules, the property of the plaintiff. The case was tried without a jury and there was judgment for the defendant. The circumstances of the accident and other necessary facts are sufficiently stated in the opinion. Upon the examination of one Frank Gafford, he testified that he had Been a trader and dealer in mules for twenty-five years, and was thoroughly…
1Opinion of the CourtStone, C. J.
A train of the Bailway Company killed two mules, the property of the plaintiff, and the present suit was brought to recover damages for such 'killing, the complaint and allegation being that the injury, was caused by the negligence of the defendant Bailway Company. The case was tried by the court without a jury, and judgment was rendered for the defendant. Plaintiff excepted to the rejection of certain testimony offered by it, but there is no merit in that exception.
Tried as this case was, it became the duty of the court to weigh the testimony, to find and determine what the facts were, and…
2Cases cited9 opinions
- Alabama Great Southern Railroad v. JonesSupreme Court of Alabama · 1882
- East Tennessee, Virginia & Georgia Railroad v. BaylissSupreme Court of Alabama · 1883
- Birmingham Mineral R. R. v. HarrisSupreme Court of Alabama · 1893
- Nashville, Chattanooga & St. Louis Railroad v. HembreeSupreme Court of Alabama · 1888
- Alabama Great Southern Railroad v. McAlpine & Co.Supreme Court of Alabama · 1883
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3Cited by1 opinion
- Louisville & Nashville Railroad v. Christian Moerlein Brewing Co.Supreme Court of Alabama · 1907