Louisville & Nashville Railroad v. Brinkerhoff & Co.
Supreme Court of Alabama
Appeal from Shelby Circuit Court. Tried before Hon. George E. Brewer. Appellee sued for damages for the negligent killing of a mare and a colt.
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Appeal from Shelby Circuit Court. Tried before Hon. George E. Brewer. Appellee sued for damages for the negligent killing of a mare and a colt. The defendant pleaded not guilty, and a special plea as follows: “Comes the defendant and for answer to the complaint saith, that it is a common carrier engaged in the business of operating a railroad between Montgomery, Ala., and Decatur, Ain., and transporting passengers and freight for hire thereon and is also a link in connecting line between Louisville, Ky., and New Orleans, La., and also largely engaged in interstate commerce. That while so…
1Opinion of the CourtMcCLELLAN, J.
Of course, the judgment on the trial of right of property in the animals alleged to have been killed between Mrs. Gist and the present plaintiff is not conclusive against the latter’s title in the case at bar, the defendant here not having been a party to the former controversy. The testimony of the plaintiff as a witness in this case tended to show that he had title to the animals at the time they were killed through Gist’s surrender and delivery of them to him under and in satisfaction of the mortgage which the latter had executed upon them to secure payment of the purchase money. On this…
2Cited by15 opinions
- Reaves v. MaybankSupreme Court of Alabama · 1915
- Clark v. WhitfieldSupreme Court of Alabama · 1925
- Fields v. JacksonCourt of Appeals of Georgia · 1960
- Crowson v. CodySupreme Court of Alabama · 1926
- Weatherly v. Nashville, Chattanooga & St. Louis RailwaySupreme Court of Alabama · 1909
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