Southern Railway Co. v. Reaves
Supreme Court of Alabama
Appeal from the''Circuit Court of Jackson. Tried before the Hon. James A. Bilbro. 'This action was brought by the appellee, .Janies A. Reaves, "against the Southern Railway Company, to recover daipages 'for the alleged negligent- killing by a train run pn the road, of the defendant, of two mules, the property of the plaintiff. The facts of-the case necessary to an understanding of the decision on the present appeal, are sufficiently .stated in the opinion.
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Appeal from the''Circuit Court of Jackson. Tried before the Hon. James A. Bilbro. 'This action was brought by the appellee, .Janies A. Reaves, "against the Southern Railway Company, to recover daipages 'for the alleged negligent- killing by a train run pn the road, of the defendant, of two mules, the property of the plaintiff. The facts of-the case necessary to an understanding of the decision on the present appeal, are sufficiently .stated in the opinion. Upon the introduction of all the .evidence, the defendant requested the court, among others, to give to the jury the following written…
1Opinion of the CourtHaralson, J.
The killing oí the mules for which thus suit was brought, occurred at .or near Limrock, a regular station Of stopping place on said railroad, and *461at 01* near a public road crossing on tbe line of said railroad. In such a case, the injury, ownership and value of the animals having been shown, a presumption of negligence arises, making a prima facie case of liability, and the burden of removing the presumption rests upon the defendant.—L. & N. R. R. Co. v. Cochran, 105 Ala. 354; A. G. S. R. R. Co. v. Boyd, 124 Ala. 525; Code, §§ 3440, 3443.
■ It has been repeatedly held by us, that “the running…
2Cases cited6 opinions
- Western Railway Co. v. LazarusSupreme Court of Alabama · 1889
- Choate v. Southern Railway Co.Supreme Court of Alabama · 1898
- Alabama Great Southern Railroad v. BoydSupreme Court of Alabama · 1899
- Louisville & Nashville Railroad v. Brinkerhoff & Co.Supreme Court of Alabama · 1898
- Louisville & Nashville Railroad v. CochranSupreme Court of Alabama · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Louisville & Nashville Railroad v. Christian Moerlein Brewing Co.Supreme Court of Alabama · 1907
- Birmingham Ry. & Electric Co. v. MasonSupreme Court of Alabama · 1905
- Western Ry. v. McPhersonSupreme Court of Alabama · 1906
- Tennessee, A. G. R. Co. v. DanielSupreme Court of Alabama · 1917
- Central of Ga. Ry. Co. v. TurnerSupreme Court of Alabama · 1906
2 more not listed; retrieve them via the Exa API.