South & North Alabama Railroad v. Morris
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before tbe Hon. James Q. Smith.' — Tbe main and controlling purpose of the statute having been declared unconstitutional in Zeigler’s case, its remaining parts must share tbe same fate.
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Appeal from the Circuit Court of Montgomery. Tried before tbe Hon. James Q. Smith.' — Tbe main and controlling purpose of the statute having been declared unconstitutional in Zeigler’s case, its remaining parts must share tbe same fate. It is apparent, on a just consideration of the statute, that all its parts were based and conditioned on tbe changed liability which the statute attempted — making railroad companies absolutely liable for injuries to live stock, instead of confining the liability to negligent injuries. Tbe legislature bas passed a series of acts on this subject; and uniformly…
1Opinion of the CourtSomeeyille, J.
— The appellee, Morris, in this action recovered judgment before a justice of the peace, against the appellant, for damages for the negligent killing of a hog by a railroad train, under the control of appellant’s servants. Upon appeal to the Circuit Court, it was insisted, by plea of the railroad company, that the claim was barred, because it had not been presented in writing within sixty days after accrual, as required by section 1701 of the Code (1876). A demurrer to this plea was sustained, and judgment rendered for the plaintiff; and the court imposed an attorney’s tax-fee of twenty…
2Cases cited5 opinions
- Zeigler v. South & North Ala. R. R.Supreme Court of Alabama · 1877
- People Ex Rel. Fowler v. BullNew York Court of Appeals · 1871
- Holden v. JamesMassachusetts Supreme Judicial Court · 1814
- Durkee v. City of JanesvilleWisconsin Supreme Court · 1871
- Gordon v. Winchester Building & Accumulating Fund Ass'nCourt of Appeals of Kentucky · 1876
3Cited by75 opinions
- Hunter v. Colfax Consolidated Coal Co.Supreme Court of Iowa · 1915
- Port of Mobile v. Louisville & Nashville RailroadSupreme Court of Alabama · 1887
- Western Union Telegraph Co. v. HendersonSupreme Court of Alabama · 1889
- Moog v. RandolphSupreme Court of Alabama · 1884
- Davidson v. JenningsSupreme Court of Colorado · 1900
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