South & North Alabama Railroad v. Williams
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. James Q. Smith. Tbis action was brought by Harman C. Williams, against the appellant, a corporation chartered under the laws of Alabama, to recover damages for the alleged wrongful and negligent act of the defendant’s agents and servants in killing a mule belonging to plaintiff.
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. James Q. Smith. Tbis action was brought by Harman C. Williams, against the appellant, a corporation chartered under the laws of Alabama, to recover damages for the alleged wrongful and negligent act of the defendant’s agents and servants in killing a mule belonging to plaintiff. The defendant pleaded the general issue, “ with leave to give in evidence any special matter of defense; and the plaintiff took issue thereon, with like leave in reply.” The facts of the case, as disclosed on the trial, are thus stated in the bill of…
1Opinion of the CourtStone, J.
— Section 1699 of the Code of 1876 exacts certain duties of “ the engineer, or other person, having the control of the running of a locomotive on any railroad in this State.” Among them is the following: “ He must, also, on perceiving any obstruction on the track of the road, use all means within his power, known to skillful engineers (such as the application of his brakes and the reversal of his engines), in order to stop the train.” Section 1700 declares, that “ a railroad company is liable for all damages done to persons, stock, or other property, resulting from a, failure to comply with…
2Cases cited3 opinions
- Tanner's v. Louisville & Nashville RailroadSupreme Court of Alabama · 1877
- South & North Alabama Railroad v. ThompsonSupreme Court of Alabama · 1878
- Mobile & Ohio Railroad v. WilliamsSupreme Court of Alabama · 1875
3Cited by25 opinions
- Bullock v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1890
- Alabama Great Southern Railroad v. JonesSupreme Court of Alabama · 1882
- East Tennessee, Virginia & Georgia Railroad v. BaylissSupreme Court of Alabama · 1883
- East Tenn., Va. & Ga. Railroad v. BaylissSupreme Court of Alabama · 1883
- Birmingham Mineral R. R. v. HarrisSupreme Court of Alabama · 1893
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