Southern Railway Co. v. Brantley
Supreme Court of Alabama
Appeal from the Circuit Court of Hale. Tried before the Hon. John Moore. This was an action brought by the appellee against the appellant, the Southern Railway Company, to recover1 damages for the alleged negligent killing of a horse, the property of the plaintiff. The plaintiff, as a witness in his own behalf, testified that he had purchased the horse killed from Mr. Grubbs, and tli at the value of the horse was a hundred dollars.
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Appeal from the Circuit Court of Hale. Tried before the Hon. John Moore. This was an action brought by the appellee against the appellant, the Southern Railway Company, to recover1 damages for the alleged negligent killing of a horse, the property of the plaintiff. The plaintiff, as a witness in his own behalf, testified that he had purchased the horse killed from Mr. Grubbs, and tli at the value of the horse was a hundred dollars. Upon the cross-examination of the plaintiff by the defendant, he was asked the following questions: “What did you pay for the mare? Was there any difference in the…
1Opinion of the CourtSharpe, J.
— On the subject of recoverable damages flic material inquiry was as to the market value of the mare a.t the time she rvas killed and to’ that inquiry the matters called for by the defendant’s questions to plaintiff and Grubbs and disallowed by the court, were each irrelevant. How far cross-examination may extend into irrelevant facts for the purpose of testing the credibility of a witness or the accuracy of his statements is a matter resting largely in the trial court’s discretion.— Tobias v. Triest, 103 Ala. 664; Noblin v. State, 100 Ala. 13. Allowing due scope to such discretion it cannot…
2Cases cited2 opinions
- Tobias & Co. v. Treist & Co.Supreme Court of Alabama · 1893
- Noblin v. StateSupreme Court of Alabama · 1893
3Cited by9 opinions
- Birmingham Ry. & Electric Co. v. MasonSupreme Court of Alabama · 1905
- Jefferson v. Republic Iron & Steel Co.Supreme Court of Alabama · 1922
- Meadors v. HaralsonSupreme Court of Alabama · 1933
- Birmingham Ry. L. & P. Co. v. LipscombSupreme Court of Alabama · 1916
- Gardner v. StateAlabama Court of Appeals · 1912
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