Atlanta & Birmingham A. L. Ry. v. Brown
Supreme Court of Alabama
Appeal from St. Clair Circuit Court. Heard before Hon. A. H. Alston. Action by W. T. Brown against the Atlanta & Birmingham Air Line Railway for trespass on lands by stock on account of the failure of defendant to erect and keep in proper condition cattle guards. From a judgment for plaintiff, defendant appeals. The following charges were refused to defendant: (1) The general affirmative charge.
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Appeal from St. Clair Circuit Court. Heard before Hon. A. H. Alston. Action by W. T. Brown against the Atlanta & Birmingham Air Line Railway for trespass on lands by stock on account of the failure of defendant to erect and keep in proper condition cattle guards. From a judgment for plaintiff, defendant appeals. The following charges were refused to defendant: (1) The general affirmative charge. (2) “I charge you that plaintiff is not entitled to recover any damages for any injury or any destruction of the crop on said lands in the year 1905.” (3) “I charge you that, under the evidence in…
1Opinion of the CourtSimpson, J.
This action was brought by the appellee against the appellant to recover damages for injuries to lands, crops, etc., by reason of the defective condition of the stock gaps on said land. Appellant insists that the demurrer to the complaint should have been sustained, because it combines two different causes in one count, to wit, the failure to put in the cattle guards and the failure, after they were placed in, to keep them in repair. This ground óf demurrer was not well taken, for the reason that said causes are alleged in the conjunctive, the only effect of which is that both must be proved.
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2Cases cited42 opinions
- New York, Lake Erie & Western Railroad v. EstillSupreme Court of the United States · 1893
- Dushane v. BenedictSupreme Court of the United States · 1887
- Donnell v. JonesSupreme Court of Alabama · 1848
- Fort Worth & New Orleans Railway Co. v. WallaceTexas Supreme Court · 1889
- Richards v. Citizens Natural Gas Co.Supreme Court of Pennsylvania · 1889
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3Cited by53 opinions
- Alabama Power Co. v. ThompsonSupreme Court of Alabama · 1947
- Rochelle v. RochelleSupreme Court of Alabama · 1938
- Foust v. KinneySupreme Court of Alabama · 1918
- Hunt v. WardSupreme Court of Alabama · 1955
- Grand Bay Land Co. v. SimpsonSupreme Court of Alabama · 1922
48 more not listed; retrieve them via the Exa API.