Central of Georgia Ry. Co. v. Thweatt
Supreme Court of Alabama
Appeal from Barbour Circuit Court. Heard before Hon. A. A. Evans. Action by Amos Tliweatt against the Central of Georgia Railway for damages for killing a mule. From a judgment for plaintiff, defendant appeals. The oral charge of the court was erroneous as there was no evidence in the case that the engineer in charge of the train did any guessing. Charge 2 should have been given for appellant. — Central of Ga. Ry.
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Appeal from Barbour Circuit Court. Heard before Hon. A. A. Evans. Action by Amos Tliweatt against the Central of Georgia Railway for damages for killing a mule. From a judgment for plaintiff, defendant appeals. The oral charge of the court was erroneous as there was no evidence in the case that the engineer in charge of the train did any guessing. Charge 2 should have been given for appellant. — Central of Ga. Ry. Co. v. Starke, 126 Ala. 365. On this same authority and on the authority of the Central of Ga. Ry. Oo>. v. Turner, in MS., charge 3 should have been given. The court erred in…
1Opinion of the CourtDenson, J.
On the question of negligence vel non the evidence for the plaintiff presented a case.for consideration and determination by the jury, while that for the defendant tended to show an unavoidable accident.
In the general charge the court, among other things, said to the jury: “I charge you, gentlemen of the jury, that an engineer of a train, when he sees an object like a mule on a track or in close proximity thereto, cannot guess that it is impossible for him to do anything to prevent striking the object; but the law requires him, on perceiving an obstruction on the track, to use all the means…
2Cases cited1 opinion
- Bolton v. CuthbertSupreme Court of Alabama · 1902
3Cited by3 opinions
- Elba Wood Products, Inc. v. BrackinSupreme Court of Alabama · 1978
- Jackson v. StateAlabama Court of Appeals · 1911
- Wise, Boles & Bowdoin v. FullerAlabama Court of Appeals · 1914