Northern Ala. Ry. Co. v. White
Alabama Court of Appeals
Appeal from Franklin Circuit Court. Heard before Hon. C. P. AlmoN. Action by Uriah White, Jr., against the Northern Alabama Railway Company for damages for killing a mule. Judgment for plaintiff and defendant appeals.
1Opinion of the CourtThomas, J.
The action was by appellee against appellant railroad company for negligently running over and killing a mule. The case was tried on the plea of the general issue, and the defendant complains of the action of the trial court in refusing the general affirmative charge requested by it.(1) Section 5476 of the Code of 1907 provides, among other things, that: “When any person or stock is killed or injured * * * by the locomotive or cars of any railroad, the burden of proof, in any suit brought therefor, is on the railroad company to show * * * that there was no negligence on the part of the…
2Cases cited19 opinions
- Louisville & Nashville Railroad v. Marbury Lumber Co.Supreme Court of Alabama · 1899
- Eiland v. StateSupreme Court of Alabama · 1875
- Lewis v. StateSupreme Court of Alabama · 1892
- Alabama Great Southern Railroad v. JohnstonSupreme Court of Alabama · 1900
- Harris v. Nashville C. & St. Louis R. R.Supreme Court of Alabama · 1907
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3Cited by6 opinions
- Bailum v. StateAlabama Court of Appeals · 1921
- Southern Ry. Co. v. CatesSupreme Court of Alabama · 1924
- Perry v. Atlantic Coast Line R. Co.Alabama Court of Appeals · 1949
- Brewer v. StateAlabama Court of Appeals · 1917
- Carr v. Alabama Great Southern Railroad Co.Alabama Court of Appeals · 1965
1 more not listed; retrieve them via the Exa API.