East Tenn., Va. & Ga. Railroad v. Watson
Supreme Court of Alabama
Appeal from the Circuit Court of Cherokee. Tried before the Hon. John B. Tally. This action was brought by Samuel B. Watson, against the appellant corporation, to recover damages for the killing of a young horse belonging to plaintiff, by the alleged negligence of the defendant’s servants in charge of a passing train of cars, on the 17th August, 1887; and was commenced on the 29th September, 1887. The complaint contained two counts, the first alleging that the defendant…
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Appeal from the Circuit Court of Cherokee. Tried before the Hon. John B. Tally. This action was brought by Samuel B. Watson, against the appellant corporation, to recover damages for the killing of a young horse belonging to plaintiff, by the alleged negligence of the defendant’s servants in charge of a passing train of cars, on the 17th August, 1887; and was commenced on the 29th September, 1887. The complaint contained two counts, the first alleging that the defendant “did, because of negligence or want of skill of defendant’s employés in the management or running of said train, locomotive…
1Opinion of the CourtSomerville, J.
1. The averments of negligence on-the part of the defendant’s employes, from which the accident, of killing the colt is alleged to have occurred, and its connection with the result as a cause, are stated in each count of the complaint with sufficient certainty. The demurrer based on this, ground was properly overruled.—Western Railway of Ala. v. Lazarus, 88 Ala. 453; 6 So. Rep. 877; Sistrunk's Case, 85 Ala. 352; M. & M. Railway Co. v. Crenshaw, 65 Ala. 566; S. & N. Ala. Railroad Co. v. Thompson, 62 Ala. 494.
2. The motion of the defendant to strike from the file the cross-interrogatories filed…
2Cases cited10 opinions
- Moon v. StateSupreme Court of Georgia · 1882
- Ward v. ReynoldsSupreme Court of Alabama · 1858
- Humes v. BernsteinSupreme Court of Alabama · 1882
- South & North Alabama Railroad v. ThompsonSupreme Court of Alabama · 1878
- Western Railway v. SistrunkSupreme Court of Alabama · 1888
5 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Geo. Pacific Railway Co. v. DavisSupreme Court of Alabama · 1890
- Smith v. StateSupreme Court of Alabama · 1913
- Lewis v. StateSupreme Court of Alabama · 1892
- Adler & Co. v. PruittSupreme Court of Alabama · 1910
- Sovereign Camp, W. O .W. v. HoomesSupreme Court of Alabama · 1929
40 more not listed; retrieve them via the Exa API.