Louisville & Nashville Railroad v. Christian Moerlein Brewing Co.
Supreme Court of Alabama
Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Action by the Christian Moerlein Brewing Company against the Louisville & Nashville Railroad Company. From a judgment for plaintiff, defendant appeals. Action by appellee against appellant for killing certain stock. The facts are sufficiently stated in the opinion. Certain charges given at the instance of the plaintiff are assigned as error.
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Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Action by the Christian Moerlein Brewing Company against the Louisville & Nashville Railroad Company. From a judgment for plaintiff, defendant appeals. Action by appellee against appellant for killing certain stock. The facts are sufficiently stated in the opinion. Certain charges given at the instance of the plaintiff are assigned as error. These charges are as follows : (1) “The court charges the jury that under the evidence in this case the burden is on the defendant to reasonably satisfy their minds by a preponderance…
1Opinion of the CourtSimpson, J.
This was an action by the appellee against the appellant for damages for the death of two horses and three mules, the property of the plaintiff, which, it is claimed, were killed by reason of the negligence of defendant’s agents in managing its locomotive. The only assignments of error insisted on by appellant relate to the action of the court in giving certain charges at the request of the plaintiff.
1. Section 3440 of the Code of 1886 requires the engineer, or other person having control of a locomotive, to blow the whistle qr ring the bell, at short intervals, while passing through a…
2Cases cited13 opinions
- Goodwin v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1881
- Case v. Mayor of MobileSupreme Court of Alabama · 1857
- Elyton Land Co. v. MingeaSupreme Court of Alabama · 1889
- McDougald's Adm'r v. RutherfordSupreme Court of Alabama · 1857
- Mobile & Birmingham Railway Co. v. HolbornSupreme Court of Alabama · 1887
8 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Johnson v. Louisville N. R. Co.Supreme Court of Alabama · 1930
- Anderson v. CrawfordSupreme Court of Florida · 1933
- Lehigh Portland Cement Co. v. SharitSupreme Court of Alabama · 1937
- Mobile City Lines, Inc. v. OrrSupreme Court of Alabama · 1950
- City of Birmingham v. LathamSupreme Court of Alabama · 1935
17 more not listed; retrieve them via the Exa API.