East Tenn., Va. & Ga. Railroad v. Bayliss
Supreme Court of Alabama
Action against Railroad Company, for Injuries to Stock. Appeal from the Circuit Court of Lawrence. Tried before the ílon. TI. C. Speake.
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Action against Railroad Company, for Injuries to Stock. Appeal from the Circuit Court of Lawrence. Tried before the ílon. TI. C. Speake. This action was brought by John W. Bayliss, against the appellant corporation, to recover damages for the killing of a horse belonging to the plaintiff, by the alleged negligence of the defendant’s servants ; and was commenced on the 10th December, 1881. On the first trial, the plaintiff had a verdict, on which judgment was rendered in his favor; but this judgment was reversed, on appeal sued out by the defendant, on account of the refusal of certain charges…
1Opinion of the Court
CLOPTON.-
The General Assembly, deeming the common-*434law rules insufficient for the ample protection of persons, stock, and other property, enacted statutes regulating and defining in certain cases the duties and liabilities of railroad companies. These statutes have been repeatedly examined and considered, and their construction may be regarded as well settled. Section 1699 of Code, after making it the duty of the engineer to give specified signals, on approaching, passing, and leaving designated places, provides: “He must, also, on perceiving any obstruction on the track of the road, use all…
2Cases cited4 opinions
- Polly v. McCallSupreme Court of Alabama · 1860
- East Tennessee, Virginia & Georgia Railroad v. BaylissSupreme Court of Alabama · 1883
- East Tenn., Va. & Ga. Railroad v. BaylissSupreme Court of Alabama · 1883
- Shapard v. LightfootSupreme Court of Alabama · 1876
3Cited by22 opinions
- East Tenn., Va. & Ga. Railroad v. WatsonSupreme Court of Alabama · 1890
- Harris v. Misssouri, K. & T. Ry. Co.Supreme Court of Oklahoma · 1909
- Western Railway v. SistrunkSupreme Court of Alabama · 1888
- East Tenn., Va. & Ga. Railroad v. DeaverSupreme Court of Alabama · 1885
- Ala. Great Southern Railroad v. McAlpine & Co.Supreme Court of Alabama · 1885
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