Birmingham Mineral Railroad v. Parsons
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried before the Hon. James B. Head. Action by A.'F. Parsons against the Birmingham Mineral Bailroad Company to recover for damage to plaintiff’s crops, caused by the failure of defendant to erect and maintain proper cattle guards on its road, where it entered plaintiff’s land. The complaint, as amended, contained three counts.
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Appeal from the Circuit Court of Jefferson. Tried before the Hon. James B. Head. Action by A.'F. Parsons against the Birmingham Mineral Bailroad Company to recover for damage to plaintiff’s crops, caused by the failure of defendant to erect and maintain proper cattle guards on its road, where it entered plaintiff’s land. The complaint, as amended, contained three counts. The gravamen of the first count is that the damage was caused by the defendant’s failure, on the plaintiff’s demand, to construct proper stock gaps where its road entered upon and. left the plaintiff’s fields, and that the…
1Opinion of the CourtHaralson, J.
The demurrer to the complaint, which was overruled, presents a single question for our consideration,—that of the constitutionality of the act of the legislature, approved December 11th, 1886.—Acts 1886-7, p. 163.
It is entitled, “An act requiring railroads to build, and keep cattle and stock-guards in order, upon their respective lines of roads.” Its first section is, “That all railroads within the territorial limits of the State of Alabama, shall be required to put in cattl í or stock-guards, upon their respective lines of roads, and keep the same in order, whenever the demand is made upon…
2Cases cited15 opinions
- Beer Co. v. MassachusettsSupreme Court of the United States · 1878
- Van Hook v. City of SelmaSupreme Court of Alabama · 1881
- Zeigler v. South & North Ala. R. R.Supreme Court of Alabama · 1877
- Davis v. StateSupreme Court of Alabama · 1880
- Ex parte CowertSupreme Court of Alabama · 1890
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3Cited by24 opinions
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- Daugherty v. ThomasMichigan Supreme Court · 1913
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