South & North Alabama Railroad v. Jones
Supreme Court of Alabama
Appeal from the Circuit Court of Blount. Tried, before the Hon. Louis Wteth. This action was brought by Daniel Jones, against the appellant, to recover damages for the loss of an ox, alleged to have been. killed by one of the defendant’s locomotives, through the negligence of the engineer in charge of the train; and was commenced before a justice of the peace, Qn the 13th April, 1875. The case having been carried by appeal, at the instance of the defendant, into the Circuit…
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Appeal from the Circuit Court of Blount. Tried, before the Hon. Louis Wteth. This action was brought by Daniel Jones, against the appellant, to recover damages for the loss of an ox, alleged to have been. killed by one of the defendant’s locomotives, through the negligence of the engineer in charge of the train; and was commenced before a justice of the peace, Qn the 13th April, 1875. The case having been carried by appeal, at the instance of the defendant, into the Circuit Court, the plaintiff there filed a complaint, to which a demurrer was interposed, but overruled; and the defendant…
1Opinion of the CourtStone, J.
The affirmative charge given in this cause, under a severe grammatical criticism, might be construed as invading the province of the jury, in pronouncing on the effect of the evidence. We do not think, however, that such was the intention of the presiding judge. By the phrase, “ failing to do so,” we think he meant, if the engineer failed to do so; and we think that, taken in the connection in which it was uttered, the jury so understood the expression. Such ellyptical forms of expression are not unusual, either in public or private speaking, and they rarely mislead. If the charge was…
2Cases cited3 opinions
- Milton v. RowlandSupreme Court of Alabama · 1847
- Carlisle v. HillSupreme Court of Alabama · 1849
- Taylor v. StricklandSupreme Court of Alabama · 1861
3Cited by22 opinions
- Mobile & Montgomery Railway Co. v. JureySupreme Court of the United States · 1884
- Syndicate Insurance v. CatchingsSupreme Court of Alabama · 1893
- Pressley v. StateCourt of Criminal Appeals of Alabama · 1999
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. MillerIndiana Supreme Court · 1905
- Harris v. Misssouri, K. & T. Ry. Co.Supreme Court of Oklahoma · 1909
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