Southern Ry. Co. v. Gilmer
Supreme Court of Alabama
Appeal from the Circuit Court of Dallas. Tried before the Hon. John Moore.- Tlie appellees brought suit against the appellant in the circuit court of Dallas county, Alabama, to recover $500, damages for the negligent killing or injury of appellees’ two mhles. The complaint contained four counts.
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Appeal from the Circuit Court of Dallas. Tried before the Hon. John Moore.- Tlie appellees brought suit against the appellant in the circuit court of Dallas county, Alabama, to recover $500, damages for the negligent killing or injury of appellees’ two mhles. The complaint contained four counts. Two counting on the negligence of appellant in operating its train, which resulted in the hilling of appellees’ two mules; the remaining counts were for the negligence of appellant in the operation of its train resulting in the injury to said two mules. The case was tried on the plea of the general…
1Opinion of the CourtDowdell, J.
This is an action to recover damages for the injury of two mules, by the defendant railroad company. The only question presented for our consideration, and that is insisted on in argument, relates to the measure of damages. In such a case, like the one before us, where the property injured is live stock, and a recovery, in a sense, from the injury inflicted, has been effected by treatment, the proper measure of recoverable damages is the difference in the reasonable market value of the tAvo mules on the day of, and before the injury, and what Avould haAre been their reasonable market value on…
2Cases cited2 opinions
- Streett v. LaumierSupreme Court of Missouri · 1864
- Oleson v. BrownWisconsin Supreme Court · 1877
3Cited by5 opinions
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- Northern Alabama Ry. Co. v. HawkinsSupreme Court of Alabama · 1919