Kansas City, Memphis & Birmingham Railroad v. Wagand
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. Chas. A. Senn. This action was brought by the appellee, C. H. Wagand, against the appellant, to recover damages for the loss., of a mule; plaintiff claiming $150. In the first count of the complaint the plaintiff sued to recover in an action on 'the case for the negligence of the defendant or its employees, and the negligence as alleged therein was as- follows: “Plaintiff avers that at the time aforesaid the…
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Appeal from the City Court of Birmingham. Tried before the Hon. Chas. A. Senn. This action was brought by the appellee, C. H. Wagand, against the appellant, to recover damages for the loss., of a mule; plaintiff claiming $150. In the first count of the complaint the plaintiff sued to recover in an action on 'the case for the negligence of the defendant or its employees, and the negligence as alleged therein was as- follows: “Plaintiff avers that at the time aforesaid the defendant was filling in a trestle at or- near Coal creek, in Jefferson county, Alabama,, and on the line of said railroad,…
1Opinion of the CourtSharpe, J.
Being employed! by defendant’s contractor, plaintiff was using his team to draw a wheeled scraper on a high part of defendant’s road-bed when a train came around a curve and into s-iglit five or six hundred feet away. Plaintiff turned the team off the track, but a wheel of the scraper was struck by the train *391and as a result of the jerk, or in some other way, the train also struck one of the mules, breaking a bone -of its hip. Afterwards plaintiff told defendant’s section foreman he would not do anything with the mule, or anything for it, and did not want it; that if it lived it would still he…
2Cited by11 opinions
- Humphreys Oil Co. v. LilesTexas Commission of Appeals · 1925
- Block v. FisherDistrict of Columbia Court of Appeals · 1954
- Perry v. Atlantic Coast Line R. Co.Alabama Court of Appeals · 1949
- Gardner v. State Farm Mut. Auto. Ins. Co.Court of Civil Appeals of Alabama · 2002
- Louisville Nashville Railroad Company v. YatesAlabama Court of Appeals · 1955
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