Hilburn v. McKinney
Supreme Court of Alabama
Appeal from Circuit Court, Marshall County; W. W. Haralson, Judge. Action for damages by Ab. H. McKinney against James H. Hilburn. Judgment for plaintiff, and defendant appeals.
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Appeal from Circuit Court, Marshall County; W. W. Haralson, Judge. Action for damages by Ab. H. McKinney against James H. Hilburn. Judgment for plaintiff, and defendant appeals. Transferred from Court of Appeals under Acts 1911, p. 449, § 6. Pleas,3 and 6 are as follows: “(3) The defendant, for further answer to the complaint and each count thereof, says that the plaintiff contributed to the injury and loss of said mules, wagon, and harness in that he negligently fastened or hitched said mules to the wagon after the ferryboat had landed on the north side of the river without calling upon him…
1Opinion of the CourtGardner, J.
Plaintiff, appellee here, brought suit to recover damages resulting from the drowning of two mules and the loss of the wagon and harness while such property was being ferried across the Tennessee river at Gunters’ Danding. This is the second appeal. Hilburn v. McKinney, 204 Ala. 158, 85 South. 496.
[1] The first assignments of error treated in brief relate to the action of the court in overruling the demurrer to counts 17 and 18. The negligence relied upon in these counts is the alleged failure of the defendant to furnish a safe boat for the transportation of its passengers and freight, in…
2Cases cited6 opinions
- Edwards v. EarnestSupreme Court of Alabama · 1921
- Frierson v. FrazierSupreme Court of Alabama · 1904
- Fleming v. StateSupreme Court of Alabama · 1907
- Alabama Lumber Co. v. CrossSupreme Court of Alabama · 1907
- Gillette v. GoodspeedSupreme Court of Connecticut · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Alabama Great Southern R. v. Ensley Transfer & Supply Co.Supreme Court of Alabama · 1924
- Alabama Great Southern R. Co. v. CornettSupreme Court of Alabama · 1925
- Lester v. JacobsSupreme Court of Alabama · 1925