Birmingham Belt R. R. v. Norris
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. C. C. Nesmith. Action by F. T. Norris against the Birmingham Belt Railway Company, for damages for killing a horse. Judgment for plaintiff and the defendant appeals.
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Appeal from Birmingham City Court. Heard before Hon. C. C. Nesmith. Action by F. T. Norris against the Birmingham Belt Railway Company, for damages for killing a horse. Judgment for plaintiff and the defendant appeals. It was necessary under the pleading to show that an engine operated by defendant through its servants or agents struck and killed plaintiff’s horse, and under the proof the jury were not authorized to assume that it was the engine that belonged to the defendant. — Tinney v. C. of Ga. Ry. Co., 129 Ala. 523. No brief came to the Reporter.
1Opinion of the CourtAnderson, J.
It is insisted by counsel for appellant that, while the mare may have been killed by a train on its track, the evidence fails to show that the train that did the killing was a train operated and handled by its servants, as alleged in the complaint; in other words, that the proof did not show what train ran over or against the mare, and that the jury could not infer *316that it was the defendant’s train simply because the mare urns killed by a train on its road, inasmuch as the proof shows that the Seaboard Air Line urns also operating trains over defendant’s road at the place of the accident.…
2Cited by10 opinions
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