Mobile Light & Railway Co. v. McKay
Supreme Court of Alabama
Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Bernby. Action by Alex McKay against the Mobile Light & Railway Company, for damages for killing a mule. Judgment for plaintiff and defendant appeals. — The court erred in overruling demurrers to the complaint. — Glass v. M. & G. B. B. Go., 94, Ala. 581; Montgomery v. Ala. G. S., 97 Ala. 307; L. & N. v. Hairston, 97 Ala. 352; Bir.
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Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Bernby. Action by Alex McKay against the Mobile Light & Railway Company, for damages for killing a mule. Judgment for plaintiff and defendant appeals. — The court erred in overruling demurrers to the complaint. — Glass v. M. & G. B. B. Go., 94, Ala. 581; Montgomery v. Ala. G. S., 97 Ala. 307; L. & N. v. Hairston, 97 Ala. 352; Bir. B. L. & P. Go. v. Jones, 153 Ala. 165. On the evidence the defendant was entitled to the affirmative charge. — L. & N. v. Brinkerhoff, 119 Ala. 611; Anniston E. & G. Go. v. Hewett. 139 Ala. 443. —…
1Opinion of the CourtSimpson, J.
— This is an action by the appellee for the killing of a mule by the electric car of the defendant on a street in the city of Mobile. There is no assignment of error to the action of the court in overruling the demurrer to the complaint, and the only assignment of error insisted upon is to the refusal of the court to give the general affirmative chatge in favor of the defendant.
■ The evidence shows that the track was perfectly .straight for several blocks on both sides of the place *113where the male was killed; that the mule was fopnd, shortly after the accident, in a mutilated condition on the…
2Cited by1 opinion
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