Hines v. Hammond
Alabama Court of Appeals
Appeal from Circuit Court, Houston County; H. A. Pearce, Judge. Action by G. A. Hammond against Walker D. Hines, as Director General of Railroads, operating the Central of Georgia Railroad Company, for damages for injury to a hog. Judgment for plaintiff, and defendant appeals.
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Appeal from Circuit Court, Houston County; H. A. Pearce, Judge. Action by G. A. Hammond against Walker D. Hines, as Director General of Railroads, operating the Central of Georgia Railroad Company, for damages for injury to a hog. Judgment for plaintiff, and defendant appeals. The cause should be reversed because it appears that the accident did not happen in the month alleged. 158 Ala. 622, 48 South. 377; 125 Ala. 544, 27 South. 922. There is total absence of evidence of negligence on the part of the defendant or its servant. 84 South. 556.
1Opinion of the CourtBricken, P. J.
Upon the trial of this cause, which was had before the court without a jury, the plaintiff adduced evidence showing that his Poland China sow was found in a badly injured condition (from which she died), in close proximity to the railroad track of defendant. There was evidence that both thighs of the sow were broken, and that the pelvis or the hip bone was also broken, and that she “was down in the loins.”
The court rendered judgment for plaintiff, from which the defendants appeal.
[1] The general and well-known rule is that where a case is tried by the court, without a jury, on oral testimony,…
2Cases cited5 opinions
- Hackett v. CashSupreme Court of Alabama · 1916
- Finney v. Studebaker Corp. of AmericaSupreme Court of Alabama · 1916
- Southern Railway Co. v. BlankenshipAlabama Court of Appeals · 1915
- Southern Railway Co. v. BlankenshipSupreme Court of Alabama · 1915
- Southern Ry. Co. v. HudsonAlabama Court of Appeals · 1917
3Cited by1 opinion
- Hines v. HammondSupreme Court of Alabama · 1921