Mobile Light & Railroad Co. v. Portiss
Supreme Court of Alabama
Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Action by George Portiss against the Mobile Light & Railroad Company, for damages for killing a cow. Judgment for plaintiff, and defendant appeals. Transferred from the Court of Appeals under Act of April 18, 1911, § 6, p. 449. The pleadings sufficiently appear from the opinion.
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Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Action by George Portiss against the Mobile Light & Railroad Company, for damages for killing a cow. Judgment for plaintiff, and defendant appeals. Transferred from the Court of Appeals under Act of April 18, 1911, § 6, p. 449. The pleadings sufficiently appear from the opinion. The evidence for plaintiff tended to show that on the night of December 9,1912, while a car belonging to defendant was coming north on Washington avenue at a rapid rate of speed, it ran into plaintiff’s cow, which was coming across the avenue,…
1Opinion of the CourtThomas, J.
The suit is for damages for the killing of appellee’s cow by a street car, operated by the appellant, on Washington avenue, in Mobile, Ala. The complaint consisted of four counts. The second count, as amended, charged negligence to appellant’s servants in the killing of the cow “after discovering it trying to cross said track;” the first and fourth counts charged wantonness. Appellant’s demurrer to count 3 was sustained, and that to the fourth count was overruled. There were no demurrers to the first count.(1) 1. Count 4 was as follows: “Plaintiff claims of the defendant, the Mobile Light &…
2Cases cited46 opinions
- Birmingham Railway, Light & Power Co. v. GonzalezSupreme Court of Alabama · 1913
- Birmingham Railway, Light & Power Co. v. DrennenSupreme Court of Alabama · 1911
- Memphis & Charleston Railroad v. MartinSupreme Court of Alabama · 1897
- B'ham Ry. L. & P. Co. v. BarrettSupreme Court of Alabama · 1912
- Louisville & Nashville Railroad v. WebbSupreme Court of Alabama · 1892
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3Cited by20 opinions
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- Alaga Coach Line, Inc. v. McCarrollSupreme Court of Alabama · 1933
- Birmingham & A. Ry. Co. v. CampbellSupreme Court of Alabama · 1919
- Dorough v. Alabama Great Southern R. Co.Supreme Court of Alabama · 1930
- Slayton v. StateSupreme Court of Alabama · 1937
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