Legal Opinion

Hines v. Beasley

Alabama Court of Appeals

Decided November 16, 1920No. 4 Div. 630PublishedCited by 3 opinions

Appeal from Circuit Court, Barbour County ; J. S. Williams, Judge. < Action by M. L. Beasley against Walker D.. Hines, as Director General of Railroads, operating the Central of Georgia Railroad, for damages for killing of certain mules by one of the trains of the defendant. Judgment for plaintiff, and defendant appeals.

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Appeal from Circuit Court, Barbour County ; J. S. Williams, Judge. < Action by M. L. Beasley against Walker D.. Hines, as Director General of Railroads, operating the Central of Georgia Railroad, for damages for killing of certain mules by one of the trains of the defendant. Judgment for plaintiff, and defendant appeals. The oral charge of the court excepted to is as follows: “There was another rule'of law with regard to approach of trains or to the operation of a train on a foggy morning. If it is a fact, or if you should be reasonably satisfied from the evidence, that this was a cloudy,…

1Opinion of the CourtMerritt, J.

The plaintiff brought a suit to recover damages of the defendant for killing his mules and injuring his wagon by one of defendant’s trains. There was judgment for the plaintiff, and from this judg,ment the defendant appeals.

Written agreement of counsel and supplementary transcript on file in this case eliminate from our consideration many of the questions raised by the original assignment of error.

[1] An exception was reserved to the action of the court in permitting the witness Bob Gachet to testify that the trains passed the place of injury lots of times without blowing. On…

2Cases cited8 opinions

  1. Central of Georgia Railway Co. v. FosheeSupreme Court of Alabama · 1899
  2. Peters v. Southern Railway Co.Supreme Court of Alabama · 1902
  3. Southern Railway Co. v. IrvinSupreme Court of Alabama · 1915
  4. Richards v. Sloss-Sheffield Steele & Iron Co.Supreme Court of Alabama · 1906
  5. Western Ry. of Ala. v. MitchellSupreme Court of Alabama · 1906

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3Cited by3 opinions

  1. Hoyum v. Duluth, Winnipeg Pacific Ry. Co.Supreme Court of Minnesota · 1938
  2. Pennsylvania R. v. StegamanCourt of Appeals for the Sixth Circuit · 1927
  3. Meador-Pasley Co. v. HallmarkAlabama Court of Appeals · 1935

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