Louisville N. R. Co. v. Harrison
Alabama Court of Appeals
Appeal from Circuit Court, Shelby County; I.uin Duke, Judge. Action by W. E. Harrison against the Louisville & Nashville Railroad Company for damages to stock. Judgment for plaintiff, and defendant appealed.
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Appeal from Circuit Court, Shelby County; I.uin Duke, Judge. Action by W. E. Harrison against the Louisville & Nashville Railroad Company for damages to stock. Judgment for plaintiff, and defendant appealed. The following is count K: Plaintiff claims of defendant $500 as damages, for that whereas, on or about, to wit, the 1st day-of May, 1914, the defendants were operating a railroad through Helena, Shelby county, Ala., and main street in said town intersected, said railroad, on the right-hand side of said railroad, on the western side thereof, and about 30 yards iu a southerly or…
1Opinion of the CourtSamford, J.
[1,2] “Negligence,” to give a cause of action, must be the doing of an act, or the omission of an act, which results in damage, but without the intent to do wrong or damage. Williamson Iron Wks. v. McQueen, 144 Ala. 265, 40 South. 306. The claim for damages in this case is based upon negligence in conjunction with the familiar maxim, “Sic utere tuo ut alienum non hedas,” and the liability of the defendant is to be found in action or nonaction accompanied by-knowledge, actual or implied, of the probable result of his conduct. Clardy v. Hudspeth, 89 Ark. 189, 115 S. W. 1134, 21 L. R. A. (N. S.)…
2Cases cited8 opinions
- Sisk v. CrumpIndiana Supreme Court · 1887
- Hurd v. LacySupreme Court of Alabama · 1890
- Williamson Iron Co. v. McQueenSupreme Court of Alabama · 1906
- Haughey v. HartSupreme Court of Iowa · 1883
- St. Louis, Iron Mountain & Southern Railway Co. v. NewmanSupreme Court of Arkansas · 1910
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