Western Railway Co. v. Lazarus
Supreme Court of Alabama
Appeal from the Circuit Court of Lee. Tried before tbe JEon. Jesse M. Carmichael. Tbis action was brought by B. D. Lazarus, against tbe appellant corporation, to recover damages for billing a cow; and was commenced in tbe court of a justice of tbe peace, on the 20th March, 1886. On appeal to the Circuit Court, the plaintiff filed a complaint, claiming $100, “the value of a cow of plaintiff, negligently killed by engine of defendant, on or about January 26, 1886, on…
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Appeal from the Circuit Court of Lee. Tried before tbe JEon. Jesse M. Carmichael. Tbis action was brought by B. D. Lazarus, against tbe appellant corporation, to recover damages for billing a cow; and was commenced in tbe court of a justice of tbe peace, on the 20th March, 1886. On appeal to the Circuit Court, the plaintiff filed a complaint, claiming $100, “the value of a cow of plaintiff, negligently killed by engine of defendant, on or about January 26, 1886, on defendant’s railroad track between Opelika and Auburn, Lee county, Alabama, and about three miles east of Auburn.” The court…
1Opinion of the CourtSomeryille, J.
1. The averment in the complaint that the engine was “so negligently operated by defendant’s agents that plaintiff’s cow was killed,” coupled with the further allegation that “said cow was killed on account of said negligence,” is, in odr judgment, sufficiently explicit to show that the damage done the animal resulted from the alleged negligence of such agents, and therefore of the defendant itself. Any averment is sufficient which shows that the negligence of the defendant either caused, or reasonably contributed to the injury complained of, or that the injury resulted from such negligence.—…
2Cases cited6 opinions
- Western Railway v. SistrunkSupreme Court of Alabama · 1888
- Glaze v. BlakeSupreme Court of Alabama · 1876
- Mitchel v. HardieSupreme Court of Alabama · 1887
- Burns v. HenrySupreme Court of Alabama · 1880
- Mobile & Girard R. R. v. CaldwellSupreme Court of Alabama · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Geo. Pacific Railway Co. v. DavisSupreme Court of Alabama · 1890
- East Tenn., Va. & Ga. Railroad v. WatsonSupreme Court of Alabama · 1890
- Louisville & Nashville Railroad v. BarkerSupreme Court of Alabama · 1892
- Louisville & Nashville Railroad v. HawkinsSupreme Court of Alabama · 1890
- Seaboard Manuf'g Co. v. WoodsonSupreme Court of Alabama · 1891
21 more not listed; retrieve them via the Exa API.