Highland Avenue & Belt Railroad v. Sampson
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This action was brought by the appellee, Goode Sampson, against the appellant, the Highland Avenue & Belt Railroad Company, to recover damages for killing a mule and destroying a wagon and harness, the property of the plaintiff.
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Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This action was brought by the appellee, Goode Sampson, against the appellant, the Highland Avenue & Belt Railroad Company, to recover damages for killing a mule and destroying a wagon and harness, the property of the plaintiff. The injury complained of was inflicted on November 28, 1888, and the present suit was instituted on December 3, 1888. The complaint as originally filed contained one count, which, after averring the operation by the defendant of a dummy line along and upon the streets and avenues of the city…
1Opinion of the CourtHead, J.
The first count of the complaint is in case, and the subsequent counts introduced by way of amendment, being of the same nature, were properly allowed, and had relation to the time of the institution of the suit. The word “recklessly” employed in the original complaint, in qualifying the act of the defendant’s servants, means no more than * “negligently.” — Kansas City, Memphis & Birmingham Railroad Co. v. Crocker, 95 Ala. 412. But, if the servants had been charged with doing the act wantonly and willfully, or either, the action against the master would still have been case. So. Bell Tel. Co.…
2Cases cited5 opinions
- Louisville & Nashville Railroad v. MarkeeSupreme Court of Alabama · 1893
- Kansas City, Memphis & Birmingham Railroad v. CrockerSupreme Court of Alabama · 1891
- Southern Bell Telephone Co. v. FrancisSupreme Court of Alabama · 1895
- Alabama Great Southern Railroad v. HallSupreme Court of Alabama · 1894
- Highland Ave. & Belt Railroad v. SampsonSupreme Court of Alabama · 1890
3Cited by15 opinions
- Birmingham R. L. & P. Co. v. SaxonSupreme Court of Alabama · 1912
- Alabama Power Co. v. EdwardsSupreme Court of Alabama · 1929
- Birmingham Railway L. & P. Co. v. JungSupreme Court of Alabama · 1909
- Catlett v. Colorado & Southern Railway Co.Supreme Court of Colorado · 1914
- Galloway v. PerkinsSupreme Court of Alabama · 1916
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