Mobile & Birmingham Railroad v. Ladd
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. War. E. Clarke. This action was brought by the appellee, John M. Ladd, against the appellant railroad company; and sought to recover damages for the alleged negligent killing of an ox, the property of the plaintiff. An account of the alleged negligence, as contained in the complaint, is set forth in the opinion; as are also the facts attending the accident.
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Appeal from the Circuit Court of Mobile. Tried before the Hon. War. E. Clarke. This action was brought by the appellee, John M. Ladd, against the appellant railroad company; and sought to recover damages for the alleged negligent killing of an ox, the property of the plaintiff. An account of the alleged negligence, as contained in the complaint, is set forth in the opinion; as are also the facts attending the accident. Upon the engineer, who was running the engine at the time of the accident, testifying that it was very dark on the night of the accident, the plaintiff was allowed, against the…
1Opinion of the CourtMcCLELLAN, J.
Whether the facts that the moon rose before the accident complained of and that it was a full moon were relevant to any issue in the case is an immaterial inquiry on this appeal. They were offered and admitted in rebuttal of evidence adduced by defendant below to the effect that “it was a very dark night.” If evidence as to the moon’s phase and the hour at which it rose that night was irrelevant, so- also-was this testimony on the part of defendant; and it is never erroneous to receive irrelevant evidence to rebut evidence of like kind offered by the opposite party.—Ford v. State, 71 Ala.…
2Cases cited11 opinions
- Ford v. StateSupreme Court of Alabama · 1882
- Sisson v. Cleveland & Toledo RailroadMichigan Supreme Court · 1866
- Morgan v. StateSupreme Court of Alabama · 1889
- State v. MorrisSupreme Court of Connecticut · 1879
- Munshower v. StateCourt of Appeals of Maryland · 1880
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Butler v. StateSupreme Court of Alabama · 1970
- Mobile Light & Railroad Co. v. PortissSupreme Court of Alabama · 1915
- Morris v. Corona Coal Co.Supreme Court of Alabama · 1926
- Thomas v. StateTennessee Supreme Court · 1908
- Windham v. HydrickSupreme Court of Alabama · 1916
3 more not listed; retrieve them via the Exa API.