South & North Ala. R. R. v. Bees
Supreme Court of Alabama
Appeal from the Circuit Court of Blount. Tried before the Hon. James Aiken. This action was brought by James Bees, against the appellant railroad company, to recover $150, as alleged in the original complaint, “ as damages for negligently killing a valuable horse, the property of plaintiff, on the ■ — ■ day of February, 1885 and was commenced on the 9th June, 1885. At the April term, 1886, the court sustained a demurrer to the complaint, because of the insufficient averment…
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Appeal from the Circuit Court of Blount. Tried before the Hon. James Aiken. This action was brought by James Bees, against the appellant railroad company, to recover $150, as alleged in the original complaint, “ as damages for negligently killing a valuable horse, the property of plaintiff, on the ■ — ■ day of February, 1885 and was commenced on the 9th June, 1885. At the April term, 1886, the court sustained a demurrer to the complaint, because of the insufficient averment of time and place, and gave .leave to the plaintiff to file an amended complaint; and an amended complaint was thereupon…
1Opinion of the CourtStone, C. J.
— 1. There is nothing in the objection urged, that the amendment, substituting the word mare for the word horse, made a new case, so as to let in the defense of non-presentation within six months. — Code of 1876, §§ 1711-14. Horse is a generic term, and includes mare. Bouv. Law Dict.; Lunsford v. State, 1 Tex. Ct. App. 448; Baldwin v. People, 1 Scam. 304; Wade v. Juda, 2 Car. & Payne, 351.
2. Nor need we consider any of the rulings on the question of the presentation of the claim within six, months after the injury was suffered. The suit was brought in less than six months, and that, of…
2Cases cited5 opinions
- South & North Alabama Railroad v. MorrisSupreme Court of Alabama · 1880
- East Tenn., Va. & Ga. Railroad v. BaylissSupreme Court of Alabama · 1883
- Alabama Great Southern Railroad v. McAlpine & Co.Supreme Court of Alabama · 1883
- East Tenn., Va. & Ga. Railroad v. BaylissSupreme Court of Alabama · 1884
- Lunsford v. StateCourt of Appeals of Texas · 1876
3Cited by10 opinions
- Louisville & Nashville Railroad v. JonesSupreme Court of Alabama · 1887
- Western Union Telegraph Co. v. HendersonSupreme Court of Alabama · 1889
- Geo. Pacific Railway Co. v. DavisSupreme Court of Alabama · 1890
- Sachra v. Town of ManillaSupreme Court of Iowa · 1903
- Birmingham Mineral R. R. v. HarrisSupreme Court of Alabama · 1893
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