Kansas City, Memphis & Birmingham Railroad v. Henson
Supreme Court of Alabama
Appeal from Lamar Circuit Court. Tried before Hon. S. H. Sprott. Tbs action was brought by S. K. Henson against the appellant to recover damages for the alleged negligence of the defendant in killing the plaintiff’s cow, the value of said cow being fixed at $75. The defendant pleaded the general issue and the following additional pleas: “2. Defendant for further answer says it is not guilty of the matter and wrong alleged therein and denies each and every allegation…
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Appeal from Lamar Circuit Court. Tried before Hon. S. H. Sprott. Tbs action was brought by S. K. Henson against the appellant to recover damages for the alleged negligence of the defendant in killing the plaintiff’s cow, the value of said cow being fixed at $75. The defendant pleaded the general issue and the following additional pleas: “2. Defendant for further answer says it is not guilty of the matter and wrong alleged therein and denies each and every allegation contained in said complaint.” “'3. Defendant for further answer says that the plaintiff was not the owner of the cow which is…
1Opinion of the CourtTyson, J.
— The second and third pleas of defendant were not required to be verified. There was error, therefore, in sustaining the demurrer to them for want of a verification.—Mayor v. White, 109 Ala. 389; L. & N. R. R. Co. v. Trammell, 93 Ala. 350. It appears affirmatively from the record, however, that defendant had the full benefit of them upon the trial under its first plea. The error was harmless.
There is no merit in any of the exceptions reserved to the rulings of the court upon the admission of testimony.
There was testimony tending to show plaintiff’s ownership of the cow and the injury to it…
2Cases cited3 opinions
- Louisville & Nashville Railroad v. TrammellSupreme Court of Alabama · 1890
- Alabama Great Southern Railroad v. BoydSupreme Court of Alabama · 1899
- Mayor of Decatur v. WhiteSupreme Court of Alabama · 1895
3Cited by6 opinions
- Fleetwood v. Pacific Mut. Life Ins. Co.Supreme Court of Alabama · 1945
- Callaway & Truitt v. GaySupreme Court of Alabama · 1904
- Stull v. Daniel MacH. Co.Supreme Court of Alabama · 1922
- Jones v. MullinSupreme Court of Alabama · 1949
- Green v. Birmingham Railway, Light & Power Co.Supreme Court of Alabama · 1914
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