Smith v. Causey
Supreme Court of Alabama
Appeal from the Circuit Court of Barbour. . Tried before the Hon. John Gill Shorter. . This action was commenced in a justice’s court,, and was removed by the defendant, by appeal, to the circuit court.
Read the full summary
Appeal from the Circuit Court of Barbour. . Tried before the Hon. John Gill Shorter. . This action was commenced in a justice’s court,, and was removed by the defendant, by appeal, to the circuit court. The plaintiff there filed a statement of his cause of action, in the nature of a declaration in an action on the case, to recover damages for injuries done to his hogs by the carelessness and negligence of the defendant’s minor children, servants, and other employees, while engaged with defendant’s dogs in driving them out of his field. The defendant pleaded “ the general issue”, in ^short by…
1Opinion of the CourtWalker, J.
An issue was made up between the parties. The plaintiff filed a declaration in trespass on the case, for injury done to his hogs by the minor children, servants and employees of the defendant, while engaged for the defendant in the business of driving hogs and other stock out of defendant’s field. To this declaration the defendant pleaded not guilty, and upon that plea the trial was had. The rulings of the court, as shown in the bill of exceptions, are the only matters assigned for error.
The court permitted the plaintiff to prove a declaration of *657the defendant, “ that plaintiff’s hogs were in…
2Cases cited1 opinion
- Gibson v. HatchettSupreme Court of Alabama · 1854
3Cited by20 opinions
- Gilmore v. StateSupreme Court of Alabama · 1892
- Alabama Great Southern Railroad v. McWhorterSupreme Court of Alabama · 1908
- Highland Avenue & Belt Railroad v. DusenberrySupreme Court of Alabama · 1891
- Sorrell v. ScheuerSupreme Court of Alabama · 1923
- Boriss v. EdwardsSupreme Court of Alabama · 1954
15 more not listed; retrieve them via the Exa API.