South & North Alabama Railroad v. Brown
Supreme Court of Alabama
APPEAL from Circuit Court of Jefferson. Tried before Hon. W. S. Mudd. Miles Brown, the appellee, brought suit before a notary-public, against the South & North Alabama Railroad Company, the appellant, to recover one hundred dollars damages for the negligent killing of his colt. The notary public rendered judgment for the defendant, after trial on the merits, and Brown appealed to the circuit court.
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APPEAL from Circuit Court of Jefferson. Tried before Hon. W. S. Mudd. Miles Brown, the appellee, brought suit before a notary-public, against the South & North Alabama Railroad Company, the appellant, to recover one hundred dollars damages for the negligent killing of his colt. The notary public rendered judgment for the defendant, after trial on the merits, and Brown appealed to the circuit court. In that court a trial was had on plea of not guilty, and the plea of the statute of non-claim of sixty days, under § 1402 of the Revised Code. From the bill of exceptions it appears that the…
1Opinion of the CourtBrickell, C. J.
The object of the statute (R. C. § 1402), in requiring a speedy presentment to a railroad company of a claim for damages, because of injuries to stock, is, that the company may have an opportunity, soon after the occurrence of the injury, to inquire into its circumstances, and determine whether the claim should be paid or litigated. The presentment may be made by the party claiming the damages, or by any of the employees of the company, informed by him. of the existence of his claim. If the company appoints an agent for the special purpose of reporting such claims, and the claim is preferred…
2Cases cited5 opinions
- Taylor v. WoodsSupreme Court of Alabama · 1875
- Vaughan v. RobinsonSupreme Court of Alabama · 1853
- Bentley v. WrightSupreme Court of Alabama · 1842
- Vaughan v. RobinsonSupreme Court of Alabama · 1852
- Pruitt v. StuartSupreme Court of Alabama · 1843
3Cited by5 opinions
- East Tenn., Va. & Ga. Railroad v. BaylissSupreme Court of Alabama · 1883
- State v. PeltierNorth Dakota Supreme Court · 1910
- Anderson v. WintonSupreme Court of Alabama · 1902
- Ala. Great Southern Railroad v. RoebuckSupreme Court of Alabama · 1884
- Washam v. WeldonAlabama Court of Appeals · 1930