Louisville & Nashville Railroad v. Lee
Supreme Court of Alabama
Appeal from the City 'Court of Birmingham. Tried before the Hon. William W. Wilkerson. This action ivas brought by the appellee, Claiborne Lee, against the Louisville & Nashville Railroad Company to recover damages for the alleged negligent killing of plaintiffs horse. The suit was instituted in a justice of the peace court and was carried by appeal to the city court of Birmingham.
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Appeal from the City 'Court of Birmingham. Tried before the Hon. William W. Wilkerson. This action ivas brought by the appellee, Claiborne Lee, against the Louisville & Nashville Railroad Company to recover damages for the alleged negligent killing of plaintiffs horse. The suit was instituted in a justice of the peace court and was carried by appeal to the city court of Birmingham. The bill of exceptions contained the following recitals as to the agreement made by the parties in the circuit court in reference to' the pleadings: “It was agreed by the parties with the consent of the court…
1Opinion of the CourtTyson, J.
Unless we indulge, in this case, the presumption of wrongdoing on the part of those in charge of the locomotive and impose the burden upon the defendant of acquitting itself of the act complained of, the plaintiff should not have been allowed to recover. That no such presumption can be indulged and that the burden of proof was upon the plaintiff to show that the emission of the steam was unnecessary to a skillful operation of the engine, is distinctly held in Stanton v. L. & N. R. R. Co., 91 Ala. 382. It is there said: “As.the railroad corporation has the right to use its track and make the…
2Cases cited1 opinion
- Stanton v. Louisville & Nashville RailroadSupreme Court of Alabama · 1890
3Cited by6 opinions
- Louisville & Nashville R. R. v. JenkinsSupreme Court of Alabama · 1916
- Manhattan Life Insurance v. VerneuilleSupreme Court of Alabama · 1908
- Alabama Consolidated Coal & Iron Co. v. CowdenSupreme Court of Alabama · 1911
- Nashville, C. & St. L. Ry. Co. v. GarthSupreme Court of Alabama · 1912
- Thrasher v. BurrSupreme Court of Alabama · 1918
1 more not listed; retrieve them via the Exa API.