Memphis & Charleston Rail Road v. Lyon
Supreme Court of Alabama
Appeal from Jackson Circuit Court. Tried before Hon. Louis Wyeth. The appellee, David M. Lyon, brought this action against the appellants, the Memphis & Charleston Bail Boad Company, to recover damages for the killing of a mule by the cars.
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Appeal from Jackson Circuit Court. Tried before Hon. Louis Wyeth. The appellee, David M. Lyon, brought this action against the appellants, the Memphis & Charleston Bail Boad Company, to recover damages for the killing of a mule by the cars. On the trial, after the plaintiff had proved the ownership, value, and the killing of the mule, the appellants introduced the engineer of the train, by which the mule was killed, and he testified, that according to the rules of the company, he made a report of the killing of this mule on his return from the trip on which the accident occurred, and that he…
1Opinion of the CourtManning, J.
A yearling mule belonging to appellee, having fallen into a wooden drain, called by the witnesses a culvert, open at the top, between the cross-ties laid upon stringers on appellant’s railroad, was run over and killed by a locomotive hauling a train of passenger cars in the night time. The engineer made a report of the accident at the conclusion of the trip, to' the company, as it was his duty by its rules to do, and after reading it over, he testified, on the trial of this suit brought by the owner of the mule to recover damages of the company, clearly and unambiguously in regard to the…
2Cases cited1 opinion
- Mobile & Ohio Railroad v. WilliamsSupreme Court of Alabama · 1875
3Cited by19 opinions
- Alabama Great Southern Railroad v. JonesSupreme Court of Alabama · 1882
- Birmingham Mineral R. R. v. HarrisSupreme Court of Alabama · 1893
- Birmingham Mineral Railroad v. ParsonsSupreme Court of Alabama · 1892
- East Tenn., Va. & Ga. Railroad v. DeaverSupreme Court of Alabama · 1885
- Alabama Great Southern Railroad v. McAlpine & Co.Supreme Court of Alabama · 1883
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