O'Rear v. Manchester Lumber Co.
Alabama Court of Appeals
Appeal from Walker Circuit Court. Heard before Hon. J. J. Curtis. Action by W. G. O’Rear against tbe Manchester Lumber Company, for damages for injury to live stock. Judgment for defendant, and plaintiff appeals. Under tbe evidence in this case tbe question of defendant’s liability was one for tbe jury, and tbe court erred in taking tbe case from them. — K. O. M. & B. v. Wag and, 134 Ala. 391; L. & N. v. Lancaster, 121 Ala. 471; So.
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Appeal from Walker Circuit Court. Heard before Hon. J. J. Curtis. Action by W. G. O’Rear against tbe Manchester Lumber Company, for damages for injury to live stock. Judgment for defendant, and plaintiff appeals. Under tbe evidence in this case tbe question of defendant’s liability was one for tbe jury, and tbe court erred in taking tbe case from them. — K. O. M. & B. v. Wag and, 134 Ala. 391; L. & N. v. Lancaster, 121 Ala. 471; So. Ry. v. Posten, 131 Ala. 671; A. G. S. v. Boyd, 124 Ala. 525; So. Ry. v. Pogue, 154 Ala. 444. A party can neither impeach nor add credit to bis own witness. This…
1Opinion of the CourtThomas, J.
The appellant brought this suit against the appellee for the alleged negligence of the latter’s agents, servants, or employees in the operation of a locomotive engine or train over a line of railroad tracks owned or controlled by appellee, Avhereby one mule, the property of appellant, was killed or disabled. The case was tried on the plea of the general issue. The defendant, appellee here, offered no eAddence, but upon the conclusion of that offered by appellant requested the general affirmative charge in writing, which was given by the court; Avhereupon there was verdict and judgment…
2Cases cited4 opinions
- Appel v. Selma Street & Suburban Railway Co.Supreme Court of Alabama · 1912
- Ex parte Selma Street & Suburban Ry.Supreme Court of Alabama · 1912
- Selma Street & Suburban Ry. Co. v. MartinAlabama Court of Appeals · 1911
- Illinois Central Railroad v. BottomsAlabama Court of Appeals · 1911
3Cited by11 opinions
- Stokley v. StateSupreme Court of Alabama · 1950
- McLeod v. StateCourt of Criminal Appeals of Alabama · 1990
- Hunt v. StateSupreme Court of Alabama · 1946
- Hayes v. StateAlabama Court of Appeals · 1948
- Louisville N. R. Co. v. HaywardSupreme Court of Alabama · 1917
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