Central of Georgia Ry. Co. v. Thomas
Alabama Court of Appeals
Appeal from Bullock Circuit Court. Heard before Hon. M. Sollie. Action by Algy Thomas against the Central of Georgia Railway Company for damage to stock. Judgment for plaintiff and defendant appeals.
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Appeal from Bullock Circuit Court. Heard before Hon. M. Sollie. Action by Algy Thomas against the Central of Georgia Railway Company for damage to stock. Judgment for plaintiff and defendant appeals. The negligence is attributed to the defendant corporation, and there was no proof of its participation in the damnifying act and the defendant was entitled to the affirmative charge on this theory. — O. of G. v. Freeman, 140 Ala. 581. There was a variance between the allegation and the proof as to the place of the injury, and hence, the defendant was entitled to the affirmative charge. — H. A. é…
1Opinion of the CourtWalker, P. J.
By the complaint in this case the plaintiff claims damages of the defendant “for the negligent killing or injuring of one ox, the property of the plaintiff, by a locomotive or train of cars of the defendant between, to wit, the forty-second and forty-third mileposts,” etc. We do not think that by this averment the injury complained of is ascribed by the plaintiff to force directly and immediately applied by the defendant. To sustain the averment proof of actual participation on the part of the defendant corporation was not essential, as it was under the averment of willfulness made in the…
2Cases cited3 opinions
- Dollins & Co. v. Lindsey & Co.Supreme Court of Alabama · 1889
- Central of Georgia Railway Co. v. FreemanSupreme Court of Alabama · 1903
- Highland Ave. & Belt R. R. v. MaddoxSupreme Court of Alabama · 1892
3Cited by8 opinions
- Liverett v. Nashville, Chattanooga & St. L. Ry.Supreme Court of Alabama · 1914
- Maise v. City of GadsdenSupreme Court of Alabama · 1936
- Birmingham Railway, Light & Power Co. v. LideSupreme Court of Alabama · 1912
- Birmingham & Atlantic R. R. v. NorrisAlabama Court of Appeals · 1912
- Southern Railway Co. v. HobsonAlabama Court of Appeals · 1912
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