Tombigbee V. R. R. v. Morris
Alabama Court of Appeals
Appeal from Cboctaw Circuit Court. Heard before Hon. John T. Lackland. Action by TV. J. Morris against the Tombigbee Valley Railroad Company, for damages for killing a mare. Judgment for plaintiff and defendant appeals.
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Appeal from Cboctaw Circuit Court. Heard before Hon. John T. Lackland. Action by TV. J. Morris against the Tombigbee Valley Railroad Company, for damages for killing a mare. Judgment for plaintiff and defendant appeals. The complaint does not allege a failure of the engineer to comply with the requirements of section 5473, Code 1907, and hence, the averments that the injury complained of occurred within a quarter of a mile of a public road crossing tends to confuse the issues and misplace the burden of proof. — Wes. Ry. v. McPherson, 3 Ala. App. 380. Counts 2 and 3 were subject to the…
1Opinion of the CourtWalker, P. J.
Counts 1 and 4 of the complaint attribute the death of the plaintiff’s mare to the negligence of the defendant, its agents, servants, or employees, in the operation of its locomotive train, or cars. They were not subject to the demurrers interposed to them. The averment of the first count against which the motion to: strike was directed was descriptive of the locality of the alleged wrong, and there was no impropriety in the action of the court in refusing to strike that averment.
The fifth count plainly alleged that by the careless and negligent running or operating of the defendant’s…
2Cases cited5 opinions
- Decatur Light, P. & F. Co. v. NewsomSupreme Court of Alabama · 1912
- Nashville & Decatur Rail Road v. ComansSupreme Court of Alabama · 1871
- Nashville, C. & St. L. Ry. Co. v. GarthSupreme Court of Alabama · 1912
- Mobile & Ohio Railroad v. MaloneSupreme Court of Alabama · 1871
- Mobile & Ohio Railroad v. MinorAlabama Court of Appeals · 1913