East Tenn., Va. & Ga. Railroad v. Carloss
Supreme Court of Alabama
Action against Railroad Company, for Injuries to Stock. Appeal from the Circuit Court of Colbert. Tried before the Hon. H. C. Speake. This action was brought by William J. Carloss, against the appellant, a corporation engaged in operating a railroad in this State; and was commenced on the 29th August, 1882. The complaint contained two counts.
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Action against Railroad Company, for Injuries to Stock. Appeal from the Circuit Court of Colbert. Tried before the Hon. H. C. Speake. This action was brought by William J. Carloss, against the appellant, a corporation engaged in operating a railroad in this State; and was commenced on the 29th August, 1882. The complaint contained two counts. The first count claimed $60 “as damages, for that whereas, in the month of January, 1882, the plaintiff had and own.ed one large fine milch-cow, about four years old, of the value of $40, and two fine work-oxen about three years old, worth $40, and one…
1Opinion of the Court
SOMERYILLE, J. —
-Where a suit is instituted for damages to live stock, or cattle of any kind, caused by locomotives or railroad cars in this State, a justice’s court has jurisdiction of such cause, when the value of the stock or cattle so killed, or the damage done, is one hundred dollars, or less. — Code, 1876, § 1711. When such value or damage exceeds one hundred dollars, the suit must be brought in the Circuit Court.- — -Code, § 1714. All such claims are expressly barred by statute, unless the complaint is made, by suit or presentation, within six months from the date of the killing or…
2Cases cited8 opinions
- Cross v. StateSupreme Court of Alabama · 1881
- Zeigler v. South & North Ala. R. R.Supreme Court of Alabama · 1877
- Wolffe v. MinnisSupreme Court of Alabama · 1883
- South & North Alabama Railroad v. ThompsonSupreme Court of Alabama · 1878
- East Tennessee, Virginia & Georgia Railroad v. BaylissSupreme Court of Alabama · 1883
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Birmingham Railway, Light & Power Co. v. DrennenSupreme Court of Alabama · 1911
- Louisville & Nashville Railroad v. JonesSupreme Court of Alabama · 1887
- Louisville & Nashville Railroad v. HallSupreme Court of Alabama · 1888
- Commercial Fire Ins. v. AllenSupreme Court of Alabama · 1886
- Western Railway v. SistrunkSupreme Court of Alabama · 1888
13 more not listed; retrieve them via the Exa API.