Russell v. Huntsville Railway, Light & Power Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Madison. Tried before tlie Hon. Osceola Kyle. This was an action brought by the appellant, Mrs. P. P. Russell, against the Huntsville Railway, Light, & Power Company, 'to recover damages for killing a pug dog- This suit'was commenced before J. W. Wall; a notary public and cm oficio justice of the peace. From a judgment in favor of the plaintiff assessing lien* damages at ten dollars, an appeal- was taken to the circuit court.
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Appeal from the Circuit Court of Madison. Tried before tlie Hon. Osceola Kyle. This was an action brought by the appellant, Mrs. P. P. Russell, against the Huntsville Railway, Light, & Power Company, 'to recover damages for killing a pug dog- This suit'was commenced before J. W. Wall; a notary public and cm oficio justice of the peace. From a judgment in favor of the plaintiff assessing lien* damages at ten dollars, an appeal- was taken to the circuit court. In the .circuit court, the following complaint containing two counts was tiled: “1. Plaintiff claims of the defendant the suttn of one…
1Opinion of the CourtSharpe, J.
In the complaint as it stood when the demurrer was ruled on, the first count averred as the wrong complained of, a specific act of negligence, namely, that, the defendant while operating .its railway, through its agents, did carelessly and negligently run over and kill “plaintiff’s dog.” • It was not subject to the demurrer. — -See Western R. Co. v. Lazarus, 88 Ala. 453; Stanton v. L. & N. R. R. Co., 91 Ala. 382. Likewise, the second count in the complaint as it then stood was free from the objections taken by the demurrer. It declared not on negligence, but on what was conjunctively averred…
2Cases cited3 opinions
- Western Railway Co. v. LazarusSupreme Court of Alabama · 1889
- Stanton v. Louisville & Nashville RailroadSupreme Court of Alabama · 1890
- White v. Rankin & Co.Supreme Court of Alabama · 1890
3Cited by5 opinions
- Birmingham Ry. Light & Power Co. v. JonesSupreme Court of Alabama · 1906
- Southern Railway Co. v. GogginsSupreme Court of Alabama · 1916
- Beal v. StateMississippi Supreme Court · 1914
- Birmingham Railway, Light & Power Co. v. DanielAlabama Court of Appeals · 1911
- Croft v. CarterAlabama Court of Appeals · 1929