Memphis & Charleston Railroad v. Bibb
Supreme Court of Alabama
Appeal from the Circuit Couit of Jackson. Tried before the Hon. S. D. Hale. This action was brought by A. S. Bibb, against the ap-ypellant, a corporation chartered by an act of the legislature • of this State, to recover the value of two horses, which ' were run over and killed by a train of cars belonging to the defendant; and was- commencéd-on the 5th of November, 1859. No pleas appear in the record.
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Appeal from the Circuit Couit of Jackson. Tried before the Hon. S. D. Hale. This action was brought by A. S. Bibb, against the ap-ypellant, a corporation chartered by an act of the legislature • of this State, to recover the value of two horses, which ' were run over and killed by a train of cars belonging to the defendant; and was- commencéd-on the 5th of November, 1859. No pleas appear in the record. “ When the cause was called for trial,” 'as the bill of. exceptions states, “ the-defendant moved the court to suppress the second interrogatory, with the answer thereto, contained in the…
1Opinion of the CourtStone, J.
The objection to the form of the interrogatory, if there be anything in it, came too late. It should have been made at the examination of the witness; for, to hold otherwise, would license parties to experiment, and greatly hinder the ascertainment of truth;- — Kyle v. Bostick, 10 Ala. 589; Sayre v. Durwood, 35 Ala. 251; Towns v. Alford, 2 Ala. 378 ; 3 Bin. 130; 10 S. & R. 63.
-[2.] The act “ to define and regulate the liability of railroad companies,” approved February 9th, 1852, which was construed in Nashville & Chattanooga Railroad Co. v. Peacock, (25 Ala. 230,) was materially modified,…
2Cases cited6 opinions
- Kyle v. BostickSupreme Court of Alabama · 1846
- Sayre v. DurwoodSupreme Court of Alabama · 1859
- Towns v. AlfordSupreme Court of Alabama · 1841
- Bliss v. AndersonSupreme Court of Alabama · 1858
- Sheeler v. SpeerSupreme Court of Pennsylvania · 1810
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Zeigler v. South & North Ala. R. R.Supreme Court of Alabama · 1877
- Alabama Great Southern Railroad v. JonesSupreme Court of Alabama · 1882
- East Tennessee, Virginia & Georgia Railroad v. BaylissSupreme Court of Alabama · 1883
- Mobile & Ohio Railroad v. WilliamsSupreme Court of Alabama · 1875
- Alabama Great Southern Railroad v. McAlpine & Co.Supreme Court of Alabama · 1883
5 more not listed; retrieve them via the Exa API.