South & North Alabama Railroad v. Pilgreen
Supreme Court of Alabama
Appeal from Sbelby Circuit Court. Tried before Hon. John Henderson. This was an action, commenced before a justice of tbe peace by the appellee, Susan A. Pilgreen, against the appellant, the South & North. Alabama Eailroad Company, to recover tbe value of certain cattle alleged to have been killed on the road of appellant.
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Appeal from Sbelby Circuit Court. Tried before Hon. John Henderson. This was an action, commenced before a justice of tbe peace by the appellee, Susan A. Pilgreen, against the appellant, the South & North. Alabama Eailroad Company, to recover tbe value of certain cattle alleged to have been killed on the road of appellant. On the trial, it appeared that the justice of the peace had not sent the original papers to tbe Circuit Court to which the case had been appealed, nor did he sign tbe statement of tbe case and judgment rendered, which be sent up. The bond filed on appeal from tbe judgment…
1Opinion of the CourtStone, J.
Railroad companies are private corporations, and their road bed and track are private property. They are of too general use for the courts not to know generally their modus operandi. They are not highways for public travel, but are private ways, along which no person is authorized to travel, except by permission or toleration of the owner of the road. A person found upon the track) ex-, cept for the purpose of crossing, and at a public crossing, may be warned away, and, refusing to get off, may be removed by all the means the owner of a freehold may employ to eject an intruder upon his…
2Cases cited3 opinions
- Tanner's v. Louisville & Nashville RailroadSupreme Court of Alabama · 1877
- Glaze v. BlakeSupreme Court of Alabama · 1876
- Davis Avenue Railroad v. MallonSupreme Court of Alabama · 1876
3Cited by11 opinions
- McLosky v. StateSupreme Court of Alabama · 1923
- Tennessee & Coosa Railroad v. East Alabama Railway Co.Supreme Court of Alabama · 1883
- State v. PollockSupreme Court of Alabama · 1948
- Seaboard Air Line Ry. v. BanksSupreme Court of Alabama · 1921
- Revel v. PrinceAlabama Court of Appeals · 1954
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