Southern Railway Co. v. Penney
Supreme Court of Alabama
Appeal from Madison Cirucit Court. . Heard before Hon. D. W. Speake. Action by Robert Lee Penney against the Southern Railway Company for damages for killing a mule.
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Appeal from Madison Cirucit Court. . Heard before Hon. D. W. Speake. Action by Robert Lee Penney against the Southern Railway Company for damages for killing a mule. Judgment for plaintiff, and defendant appeals. -The following charges were refused to the defendant: (2) “The burden of proof is on the plaintiff to show to your reasonable satisfaction that the mule was killed by reason of being struck by a locomotive nr train, of cars of the defendant, and that said killing was due to the negligence of the defendant’s servants or employes.” (3) “There is no presumption in this case, under the…
1Opinion of the CourtAnderson, J.
Section 5476 of the Code of 1907 places the burden of proof, when stock is killed by their locomotives or cars, upon railroads to show a compliance with the statute as to signals, etc., as well as to negative any other negligence, regardless of the place of the killing. This statute has undergone many changes in the different codes (see note to section 5476 of the Code of 1907), and as it existed in the Code of 1896 as section 3443, and as construed in the case of A. G. S. R. R. v. Boyd, 124 Ala. 525, 27 South. 408, the burden was not on the railroad, unless the killing was at a *190place covered…
2Cases cited2 opinions
- Birmingham Mineral R. R. v. HarrisSupreme Court of Alabama · 1893
- Alabama Great Southern Railroad v. BoydSupreme Court of Alabama · 1899
3Cited by7 opinions
- Ex parte Southern Ry. Co.Supreme Court of Alabama · 1913
- Central of Georgia Ry. Co. v. MooreSupreme Court of Alabama · 1917
- Southern Ry. Co. v. ChamblessAlabama Court of Appeals · 1914
- People's Bank v. McAleerSupreme Court of Alabama · 1920
- Seaboard Air Line Ry. Co. v. RoyAlabama Court of Appeals · 1915
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