Legal Opinion

Western Railway v. Price

Supreme Court of Alabama

Decided April 22, 1915PublishedCited by 3 opinions

Appeal from Selma City Court. Heard before Hon. J. W. Mabry. Action by Tom Price against the Western Railway of Alabama for damages for killing a mule. Judgment for plaintiff and defendant appeals. Transferred from the Court of Appeals under the act creating said court.

1Opinion of the Court

SOMERVILLE, J.(1) For the purpose of qualifying a witness to testify as to the value of a mule, it is *431not only proper bnt necessary to ask him if he knows its value. And although, in the estimation of damages for its wrongful destruction, the law generally looks to the value of property at the time and place thereof, yet it is well settled that evidence of its value at other times and places may be both relevant and admissible as tending to show its value at the time and place in question. — Ward v. Reynolds, 32 Ala. 384; Roney v. Winter, 37 Ala. 277; Johnson v. West, 43 Ala. 689; S. & N.…

2Cases cited5 opinions

  1. Ward v. ReynoldsSupreme Court of Alabama · 1858
  2. Roney's Adm'r v. WinterSupreme Court of Alabama · 1861
  3. South & North Ala. R. R. v. WoodSupreme Court of Alabama · 1882
  4. Echols v. Louisville & Nashville RailroadSupreme Court of Alabama · 1890
  5. Johnson v. WestSupreme Court of Alabama · 1869

3Cited by3 opinions

  1. American Ins. Co. of Newark, N.J. v. FullerSupreme Court of Alabama · 1932
  2. Powell v. Atlantic Coast Line Railroad Co.Supreme Court of Alabama · 1962
  3. Atlantic Coast Line R. Co. v. Enterprise Oil Co.Supreme Court of Alabama · 1924

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API