Legal Opinion

Alabama Great Southern R. Co. v. Halladay

Supreme Court of Alabama

Decided April 18, 1918No. 2 Div. 666Published

Appeal from Circuit Court, Hale County; B. M. Miller, Judge. Action by S. G. Halladay against the Alabama Great Southern Railroad Company. From a judgment for plaintiff, defendant appeals. Transferred from Court of Appeals under Act April 18, 1911, p. 449, § 6.

1Opinion of the CourtMayfield, J.

The action is to recover damages for personal injuries the result of plaintiff’s being thrown from his buggy, upon his mules becoming frightened at the noise and escaping steam from one of defendant’s steam locomotives. Plaintiff was driving his team along a public highway in or near the town of Moundville, and while crossing defendant’s track the animals took fright and ran away, with the consequences stated. The negligence or wrongful act alleged, and upon which liability is predicated, is set up in the five counts upon which the trial was had in varying terms, but in all, substantially as…

2Cases cited9 opinions

  1. Glass v. Memphis & Charleston RailroadSupreme Court of Alabama · 1891
  2. Alabama Great Southern Railroad v. LinnSupreme Court of Alabama · 1893
  3. Alabama Great Southern Railroad v. FultonSupreme Court of Alabama · 1905
  4. Alabama Consolidated Coal & Iron Co. v. CowdenSupreme Court of Alabama · 1911
  5. Nashville, C. & St. L. Ry. Co. v. GarthSupreme Court of Alabama · 1912

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