Birmingham Trust & Savings Co. v. Atlanta, B. & A. Ry. Co.

SIBLEY, District Judge.

On October 25, 1920, Neil Hardy had live stock killed by a train of the Atlanta, Birmingham & Atlantic Railway Company. On February 25, 1921, at the instance of creditors, a receiver was appointed by this court for the company, who is still operating its railroads. Mortgagees for bondholders have intervened for foreclosure. On January 31, 1922, Hardy intervened to assert his claim for liquidation, and on the trial a sum of about $500 was adjudged him. He is now moving the court to fix the lien of his recovery and to order its payment, first, from the earnings of the…