Central of Georgia Railway Co. v. Dumas
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. A. D. Sayre. This was an action brought by tlie appellee, Hull Dumas, against the Central of Georgia Railway Company to recover $150 damages for -the alleged negligent killing of a mule belonging to the plaintiff. The tendency of the plaintiff’s evidence is sufficiently stated in the opinion.
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Appeal from the City Court of Montgomery. Tried before the Hon. A. D. Sayre. This was an action brought by tlie appellee, Hull Dumas, against the Central of Georgia Railway Company to recover $150 damages for -the alleged negligent killing of a mule belonging to the plaintiff. The tendency of the plaintiff’s evidence is sufficiently stated in the opinion. The engineer who was in charge of the defendant’s engine at the time the accident happened testified in behalf of the defendant that its train was a passenger train, and consisted of an engine and three passenger cars and that it was…
1Opinion of the CourtSharpe, J.
Extending from where the plaintiff’s mule was injured in. the direction from which the train came, the railroad was straight. The accident was in the day time. On the trial there was evidence tending to show the animal was standing between the rails when *175tlie train was more than 300 yards from it, that the train’s speed was not slackened until after the animal was struck and that until within a few feet of the ani'mal, the cattle alarm was not sounded. ' Under this phase of the evidence it was open for the jury to infer negligence on the part of the engineer either in failing to see the…
2Cases cited5 opinions
- East Tenn., Va. & Ga. Railroad v. BaylissSupreme Court of Alabama · 1884
- Alabama Great Southern Railroad v. BoydSupreme Court of Alabama · 1899
- Buist v. GuiceSupreme Court of Alabama · 1892
- Louisville & Nashville Railroad v. DavisSupreme Court of Alabama · 1893
- Louisville & Nashville Railroad v. GentrySupreme Court of Alabama · 1893
3Cited by4 opinions
- Owen v. Southern Ry. Co.Supreme Court of Alabama · 1931
- Perry v. Atlantic Coast Line R. Co.Alabama Court of Appeals · 1949
- Atlantic Coast Line Railroad Company v. AdamsAlabama Court of Appeals · 1954
- Gulf, Mobile Ohio R. Co. v. PhiferAlabama Court of Appeals · 1949