Louisville & Nashville R. R. v. Mertz, Ibach &. Co.
Supreme Court of Alabama
Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Action by Mertz, Ibach & Company against the Louisville & Nashville Railroad Company. Prom a judgment for plaintiff, defendant appeals. This action is for damages done to a wagon and team of mules belonging' to the appellees, by a train of cars of appellant while being operated along the streets of the city of Mobile.
Read the full summary
Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Action by Mertz, Ibach & Company against the Louisville & Nashville Railroad Company. Prom a judgment for plaintiff, defendant appeals. This action is for damages done to a wagon and team of mules belonging' to the appellees, by a train of cars of appellant while being operated along the streets of the city of Mobile. The complaint contained several counts in simple negligence and two in wanton, or intentional, negligence. The evidence for the plaintiff tended to show that the train of cars belonging to appellant were being…
1Opinion of the Court
SIMPSON, J. —
This was an action by the appellee (plaintiff) against the appellant (defendant) for damages resulting from a collision by the wagon and mules of the plaintiff with a moving train of the defendant in the city of Mobile; the gravamen of the complaint being that said mules became frightened at the moving-train, in plain view of those in charge of the train, and they failed to check or stop the train until the frightened mules backed the wagon against the train and thus caused the injury. The motion by the deferidant to exclude the evidenre of the plaintiff wás properly overruled.…
2Cases cited7 opinions
- Alabama Great Southern Railroad v. CarrollSupreme Court of Alabama · 1892
- Armington v. StelleMontana Supreme Court · 1902
- Alabama Great Southern Railroad v. McAlpine & Co.Supreme Court of Alabama · 1883
- Boelter v. Ross Lumber Co.Wisconsin Supreme Court · 1899
- Guinard v. Knapp-Stout & Co.Wisconsin Supreme Court · 1895
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Birmingham R. L. & P. Co. v. SpragueSupreme Court of Alabama · 1916
- Hill Grocery Co. v. CaldwellSupreme Court of Alabama · 1924
- Chapleau v. Manhattan Oil Co.Wisconsin Supreme Court · 1922
- Lambert v. Birmingham Electric Co.Supreme Court of Alabama · 1943
- Ballanger v. ShumateAlabama Court of Appeals · 1914
2 more not listed; retrieve them via the Exa API.