Alabama Consolidated Coal & Iron Co. v. Cowden
Supreme Court of Alabama
Appeal from. Birmingham City Court. Heard before Hon. Charles W. Ferguson. Action by William D. Coivden against the Alabama Consolidated Coal & Iron Company. Judgment for plaintiff, and defendant appeals. The pleadings and facts sufficiently appear from the opinion.
Read the full summary
Appeal from. Birmingham City Court. Heard before Hon. Charles W. Ferguson. Action by William D. Coivden against the Alabama Consolidated Coal & Iron Company. Judgment for plaintiff, and defendant appeals. The pleadings and facts sufficiently appear from the opinion. The following charge was refused to the defendant: (2) “If you believe from the evidence that the mule was frightened by the whistle, and if you also believe from the evidence that the whistle was only bloAvn in a careful and proper manner, and that the plaintiff was not Avillfully, Avantonly, or intentionally injured, you must…
1Opinion of the CourtMcCLELLAN, J.
The theory of the action, which is instituted by appellee against appellant, is, according to the first count, that plaintiff’s mule was negligently frightened and caused to run away by noises made by a locomotive on the railway of the defendant. Omitting the allegations descriptive of the injury and damages ensuing therefrom, this count is as follows:
“The plaintiff claims of the defendant fl0,0Q0, as damages, for that, heretofore, to wit, on the 13th day of January, 1909, defendant was operating a train composed of a steam locomotive engine and certain cars upon a railway running near by a…
2Cases cited21 opinions
- Louisville & Nashville R. R. v. HollandSupreme Court of Alabama · 1911
- Leach, Harrison & Forwood v. BushSupreme Court of Alabama · 1876
- Birmingham Railway, Light & Power Co. v. JordanSupreme Court of Alabama · 1910
- Sydleman v. BeckwithSupreme Court of Connecticut · 1875
- Birmingham Railway Light & Power Co. v. WeathersSupreme Court of Alabama · 1909
16 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Louisville & Nashville R. R. v. JenkinsSupreme Court of Alabama · 1916
- Eckman v. FunderburgIndiana Supreme Court · 1915
- Shelby Iron Co. v. MorrowSupreme Court of Alabama · 1923
- State v. ReidIndiana Supreme Court · 1933
- Clark v. FarmerSupreme Court of Alabama · 1935
8 more not listed; retrieve them via the Exa API.