Louisville & Nashville Railroad v. Kelton
Supreme Court of Alabama
Appeal from the Circuit Court of Blount. Tried before the Hon. James A. Bilbro. ■ ; This was an action brought by the appellee, Henry Kelton, against the Louisville & Nashville Eailroad Company, to recover damages for the alleged negligent killing of a horse, which was the property of the plaintiff. - . The evidence- introduced showed that the. horse was killed by a train of the defendant, and that it was dark at the time of the accident.
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Appeal from the Circuit Court of Blount. Tried before the Hon. James A. Bilbro. ■ ; This was an action brought by the appellee, Henry Kelton, against the Louisville & Nashville Eailroad Company, to recover damages for the alleged negligent killing of a horse, which was the property of the plaintiff. - . The evidence- introduced showed that the. horse was killed by a train of the defendant, and that it was dark at the time of the accident. The engineer, who was on the engine which ran over and killed the. plaintiff’s horse, testified that the accident occurred at about 8 o’clock at night,…
1Opinion of the CourtHead, J.
In Central Railroad & Banking Co. v. Ingram, 98 Ala. 395, following the former cases of M. & C. R. R. Co. v. Lyon, 62 Ala. 71, and A. G. S. R. R. Co. v. *537Jones, 71 Ala. 487, we ruled that a railroad company injuring stock by the running of its train in the night-time at such rapid rate of speed that it is impossible, by the use of ordinary means and appliances, to stop the train and prevent the injury, within the distance in which the stock upon the track could be seen by the aid of the head-light was guilty of negligence, which, if it caused the injury, entitled the owner to recover. That…
2Cases cited6 opinions
- Alabama Great Southern Railroad v. JonesSupreme Court of Alabama · 1882
- Birmingham Mineral R. R. v. HarrisSupreme Court of Alabama · 1893
- Memphis & Charleston Rail Road v. LyonSupreme Court of Alabama · 1878
- Louisville & Nashville Railroad v. CochranSupreme Court of Alabama · 1894
- Central Railroad & Banking Co. of Georgia v. IngramSupreme Court of Alabama · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Weatherly v. Nashville, Chattanooga & St. Louis RailwaySupreme Court of Alabama · 1909
- Louisville & Nashville Railroad v. Christian Moerlein Brewing Co.Supreme Court of Alabama · 1907
- Louisville N. R. Co. v. KingAlabama Court of Appeals · 1953
- Alabama Midland Railway Co. v. McGillSupreme Court of Alabama · 1898
- Central of Georgia Railway Co. v. StarkSupreme Court of Alabama · 1899
7 more not listed; retrieve them via the Exa API.