Alabama Great Southern R. Co. v. Smith

The action is for the negligent killing of plaintiff’s dog by the defendant railroad company.

Besides the general issue, defendant pleaded specially as follows:

“The plaintiff himself was guilty of negligence that proximately contributed to the death of his dog in this: Plaintiff knew that said dog had a roving, rambling disposition, and that said dog frequented the defendant’s railroad track and was liable to be struck by passing trains, and, notwithstanding said knowledge, plaintiff negligently failed to do anything to prevent said dog from being upon or dangerously near defendant’s railroad…