Louisville & Nashville R. R. v. Fox
Alabama Court of Appeals
Appeal from Limestone Circuit Court. Heard before Hon. D. W. Speaks. Action by Coleman S. Fox against tbe Louisville & Nashville Railroad Company for damages for killing animals. Judgment for plaintiff, and defendant appeals. The charge refused to defendant was the affirmative charge, and that given for plaintiff was the affirmative charge to find for plaintiff. The defendant was entitled to the general affirmative charge.
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Appeal from Limestone Circuit Court. Heard before Hon. D. W. Speaks. Action by Coleman S. Fox against tbe Louisville & Nashville Railroad Company for damages for killing animals. Judgment for plaintiff, and defendant appeals. The charge refused to defendant was the affirmative charge, and that given for plaintiff was the affirmative charge to find for plaintiff. The defendant was entitled to the general affirmative charge. Where injury resulting to stock from the running of trains at night, is not attributable to the rate of speed in view of the darkness of night, but results from…
1Opinion of the CourtWalker, P. J.
The appellant’s track curves as it approaches from the north on a sharply ascending grade the trestle upon Avhich appellee’s animals Avere when they were struck by the engine coming from that direction, with the result that they could not be seen at night by the aid of the head-light until the engine was about 100 feet from them. The train was running at a speed AAdiich rendered it impossible to stop it within that distance. It was necessary to maintain a high rate of speed at that point in order to move the train up the heavy grade and over the hill which was just beyond the trestle. A…
2Cases cited4 opinions
- Memphis & Charleston Rail Road v. LyonSupreme Court of Alabama · 1878
- Central Railroad & Banking Co. of Georgia v. IngramSupreme Court of Alabama · 1893
- Louisville & Nashville Railroad v. KeltonSupreme Court of Alabama · 1895
- Alabama Midland Railway Co. v. McGillSupreme Court of Alabama · 1898
3Cited by4 opinions
- Zielke v. Amsouth Bank, N.A.Court of Civil Appeals of Alabama · 1997
- Hines v. BeasleyAlabama Court of Appeals · 1920
- Armstrong v. Louisville N. R. CoAlabama Court of Appeals · 1954
- Armstrong v. Louisville N. R. CoAlabama Court of Appeals · 1954