Alabama Great Southern Railroad v. Capeley

The plaintiffs in the court below obtained verdict and judgment against the railroad company for the alleged negligent-killing of a dog. The defendant assigns error on the overruling of its motion for a new trial which, was based on the general grounds and on a special ground attacking an excerpt from the charge of the court.

1. The court did not err in charging the jury that the plaintiffs “are entitled to recover upon showing that the injury was occasioned by the killing of the dog described in the petition, and by the negligence described therein.” This instruction, when considered in…