Legal Opinion

Alabama Great Southern Railway Co. v. Taylor

Alabama Court of Appeals

Decided February 6, 1913Published

Damages for Killing Dog. Appeal from Tuscaloosa County Court. Heard before Hon. D. W. McQueen, Special Judge. Action by A. N. Taylor against the Alabama Great Southern Railway Company, for damages for killing dog.. Judgment for plaintiff and defendant appeals.

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Damages for Killing Dog. Appeal from Tuscaloosa County Court. Heard before Hon. D. W. McQueen, Special Judge. Action by A. N. Taylor against the Alabama Great Southern Railway Company, for damages for killing dog.. Judgment for plaintiff and defendant appeals. Counsel insist that the injuries were not shown to have been inflicted at any of the specified places under the statute, and that the burden was on plaintiff to show that defendant was guilty of some negligence proximately contributing to the death of the dog, and that plaintiff failed therein. — So. By. v. Smith, 50 South. 394; So. By.…

1Opinion of the CourtPelham, J.

This case is appealed from a trial had before the judge of the county court of Tuscaloosa county, sitting Avithout a jury. S'ection 16 of the act establishing the county court provides that: “Either party may by bill of exceptions review the conclusions and judgments of the court upon the evidence,” etc. — Acts 1896-97, p. 270. The bill of exceptions does not disclose that any conclusion was reached by the trial judge or judgment entered by the county court on the evidence. Under the provisions of section 16, above referred to, the conclusions and judgment of the trial court on the evidence,…

2Cases cited6 opinions

  1. Louisville & Nashville R. R. v. HollandSupreme Court of Alabama · 1911
  2. Hodge v. RamboSupreme Court of Alabama · 1908
  3. Pearson v. AdamsSupreme Court of Alabama · 1900
  4. Harper v. Raisin Fertilizer Co.Supreme Court of Alabama · 1906
  5. Fitts v. Phœnix Auction Co.Supreme Court of Alabama · 1907

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