Kitchens v. Elliott
Supreme Court of Alabama
Appeal from the Circuit Court of Walker. Tried before the Hon. John C. Carmichael, Special Judge. This was an action brought by the appellee, James H. Elliott,, against the appellant, J. M. Kitchens.
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Appeal from the Circuit Court of Walker. Tried before the Hon. John C. Carmichael, Special Judge. This was an action brought by the appellee, James H. Elliott,, against the appellant, J. M. Kitchens. The complaint contained two counts, which were as follows : 1st. "The plaintiff claims of the defendant the sum of fifty dollars damages, for that heretofore on, to-wit, the 5th day of August, 1895, the defendant was the owner or keeper of a horse which was vicious, mischievous and accustomed to do mischief, and the said defendant, having knowledge of such mischievous disposition of said horse,…
1Opinion of the Court
HEAD, J. —
The demurrer to the first count of the complaint was manifestly bad.
The question is raised, on this appeal, by demurrer to the second count of the complaint, and by several other methods, whether the said second count, which relies for recovery upon the breach by the. defendant of the city ordinance therein set up, in suffering his horse to run at large in said city, shows a valid cause of action against the defendant for the injury which was done to *297plaintiff’s mare and colt by the horse while so running at large. It is contended, in substance, by the defendant, that the said count…
2Cited by5 opinions
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- McCullar v. WilliamsSupreme Court of Alabama · 1928
- Allen v. SmithSupreme Court of Alabama · 1934