Ensley Mercantile Co. v. Otwell
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. Charles A. Senn. This action was brought by the appellee, J. A. Otwell, against the appellant, the Ensley Mercantile Company, a corporation, and sought to recover damages for the alleged negligent killing by the defendant, through its agent, of a mare that was owned by the plaintiff. The defendant pleaded the general issue, and by special pleas set up tlie contributory negligence on the part of plain-' tiff.
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Appeal from the City Court of Birmingham. Tried before the Hon. Charles A. Senn. This action was brought by the appellee, J. A. Otwell, against the appellant, the Ensley Mercantile Company, a corporation, and sought to recover damages for the alleged negligent killing by the defendant, through its agent, of a mare that was owned by the plaintiff. The defendant pleaded the general issue, and by special pleas set up tlie contributory negligence on the part of plain-' tiff. It was shown by the evidence that the plaintiff’s mare which was killed was running at large in the streets of the city of…
1Opinion of the CourtHaralson, J.
The question in this case is one of icpeated discussion in this and other courts.
The court, trying the case without a jury, found that the plaintiff allowed his mare to run at large on the streets of the city.on the occasion she was injured and killed; that defendant was not guilty of any negligence after discovering plaintiff’s mare in the street; that the defendant company was guilty of negligence in driving as it did just previous to discovering the mare; that this negligence ivas the proximate cause of the injury; that the defendant ivas guilty of negligence in not discovering the mare…
2Cases cited5 opinions
- South & North Alabama Railroad v. WilliamsSupreme Court of Alabama · 1880
- Alabama Great Southern Railroad v. McAlpine & Co.Supreme Court of Alabama · 1882
- Fears v. ThompsonSupreme Court of Alabama · 1886
- Louisville & Nashville Railroad v. KelseySupreme Court of Alabama · 1889
- Ferguson v. George'sSupreme Court of Alabama · 1868
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- Meyn v. Dulaney-Miller Auto Co.West Virginia Supreme Court · 1937
- Lerette v. Director General of RailroadsIllinois Supreme Court · 1922
- Bonnier v. Chicago, Burlington & Quincy RailroadIllinois Supreme Court · 1954
- Gourley v. Chicago & Eastern Illinois Railway Co.Appellate Court of Illinois · 1938
- Reaves v. Anniston Knitting MillsSupreme Court of Alabama · 1908
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