Hines v. Schrimscher
Supreme Court of Alabama
Appeal from Circuit Court, Tuscaloosa County; Henry B. Foster, Judge. Action by George W. Schrimscher against Walker D. Hines, as Director General of Railroads, operating the Mobile & Ohio Railroad, for damages for killing a dog. Judgment for the plaintiff, and defendant appeals.
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Appeal from Circuit Court, Tuscaloosa County; Henry B. Foster, Judge. Action by George W. Schrimscher against Walker D. Hines, as Director General of Railroads, operating the Mobile & Ohio Railroad, for damages for killing a dog. Judgment for the plaintiff, and defendant appeals. Transferred from Court of Appeals under section 6, p. 450, Acts 1911. Section 5473, Code 1907, has no reference to stock or animals not injured at a crossing. 85 Ala. 481, 5 South. 173. Court erred in its charge as to the duty of the engineer on seeing the dog. 195 Ala. 290, 70 South. 162: 17 Ala. App. 74, 81 South.…
1Opinion of the CourtThomas, J.
The action was for damages for killing a dog.
[1] The duty of railroad companies and their agents and servants in charge of and operating moving trains, upon the discovery of a dog upon the track, or in known dangerous proximity thereto, is to avoid unnecessarily injuring such animal. Such agent may act upon the presumption that a dog will get out of the way in time to avoid injury, or that it will ,not move into danger, provided there is nothing in the circumstances of its approach or manner of its being upon the track to indicate to a reasonably prudent operator that the animal is helpless,…
2Cases cited19 opinions
- Birmingham Southern R. Co. v. HarrisonSupreme Court of Alabama · 1919
- Birmingham Railway Light & Power Co. v. SeabornSupreme Court of Alabama · 1910
- Talley v. WhitlockSupreme Court of Alabama · 1916
- Harris v. Nashville C. & St. Louis R. R.Supreme Court of Alabama · 1907
- Clinton Mining Co. v. BradfordSupreme Court of Alabama · 1915
14 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Louisville N. R. Co. v. WatsonSupreme Court of Alabama · 1922
- Louisville N. R. Co. v. CoxeSupreme Court of Alabama · 1928
- Owen v. Southern Ry. Co.Supreme Court of Alabama · 1931
- Atlantic Coast Line Railroad Company v. ViseSupreme Court of Alabama · 1955
- Gulf, Mobile Ohio R. Co. v. PhiferAlabama Court of Appeals · 1949
1 more not listed; retrieve them via the Exa API.