Hurd v. Lacy
Supreme Court of Alabama
Action for Damages, on account of Injuries to Mule. Appeal from the City Court of Decatur. Tried before the Hon. Wm. H. Simpson.. Action for damages by Ellsworth Lacy against E. O. Hurd, on account of injuries to plaintiff’s mule caused by a barbed wire, which the defendant had stretched around the uninclosed sides of a corner lot in Decatur. The defendant pleaded not guilty and contributory negligence, and issue was joined on these pleas.
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Action for Damages, on account of Injuries to Mule. Appeal from the City Court of Decatur. Tried before the Hon. Wm. H. Simpson.. Action for damages by Ellsworth Lacy against E. O. Hurd, on account of injuries to plaintiff’s mule caused by a barbed wire, which the defendant had stretched around the uninclosed sides of a corner lot in Decatur. The defendant pleaded not guilty and contributory negligence, and issue was joined on these pleas. The cause was submitted to the decision of the court without a jury. The court made a special finding of the facts, and rendered judgment for the…
1Opinion of the CourtW Alker, J.
— Appellant had a vacant lot on the corner of Church and Sycamore streets in the town of Decatur. There were no fences on the side of the lot nest to the two streets. To keep persons from passing across the lot, the appellant had a barbed wire stretched along its side next to one of the streets, a distance of one hundred and thirty-two feet. The wire was supported by five posts thirty or forty feet apart, and was about four feet from the ground at the posts. It was stretched by hand only, and sagged between the posts from eight to twelve inches. There was nothing but the posts and *428the single…
2Cases cited4 opinions
- Alabama Great Southern Railroad v. JonesSupreme Court of Alabama · 1882
- Sisk v. CrumpIndiana Supreme Court · 1887
- Pruitt v. EllingtonSupreme Court of Alabama · 1877
- Lee County v. YarbroughSupreme Court of Alabama · 1888
3Cited by19 opinions
- Randle v. PayneAlabama Court of Appeals · 1958
- Scott v. DunnSupreme Court of Alabama · 1982
- Means v. MorganAlabama Court of Appeals · 1911
- Pelham v. SpearsSupreme Court of Alabama · 1931
- Nocks v. Incorporated Town of WhitingSupreme Court of Iowa · 1905
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