Chattanooga Southern Railroad v. Daniel
Supreme Court of Alabama
Appeal from the Circuit Court of Cherokee. Tried before the Hon. J. A. Bilbro. This action was brought by the appellees, L. A, Daniel and J. M. Daniel, against the appellant, The Chattanooga Southern liailroad Company, to. recover damages for the .alleged negligent killing of an ox. The. only rulings of the trial court, Avhich are assigned as error in this court, are the refusal of the court to give the several charges requested by the defendant.
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Appeal from the Circuit Court of Cherokee. Tried before the Hon. J. A. Bilbro. This action was brought by the appellees, L. A, Daniel and J. M. Daniel, against the appellant, The Chattanooga Southern liailroad Company, to. recover damages for the .alleged negligent killing of an ox. The. only rulings of the trial court, Avhich are assigned as error in this court, are the refusal of the court to give the several charges requested by the defendant. The facts of the case necessary to an understanding of these charges and the rulings thereon on this appeal, are sufficiently stated in the opinion.…
1Opinion of the CourtDowdell, J.
— This was an action for damages for the negligent killing of an ox, the property of plaintiffs in the suit, by defendant’s locomotive and train. The killing by defendant’s train was a conceded fact. This made a prima facie case for plaintiffs, and placed upon the defendant the burden of exculpating itself from negligence in the killing by showing a compliance with the duties imposed by the statute. — Bir. Min. Railroad Co. v. Harris, 98 Ala. 326; Ga. Pac. Railroad Co. v. Blanton, 84 Ala. 157; A. G. S. Railroad Co. v. McAlpine, 75 Ala. 114; E. T. V. & Ga. Railroad Co. v. Bayliss, 75 Ala. 466;…
2Cases cited8 opinions
- East Tennessee, Virginia & Georgia Railroad v. BaylissSupreme Court of Alabama · 1883
- Birmingham Mineral R. R. v. HarrisSupreme Court of Alabama · 1893
- East Tenn., Va. & Ga. Railroad v. BaylissSupreme Court of Alabama · 1884
- South & North Alabama Railroad v. JonesSupreme Court of Alabama · 1876
- Georgia Pacific R. R. v. BlantonSupreme Court of Alabama · 1887
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3Cited by5 opinions
- Birmingham Railway Light & Power Co. v. JonesSupreme Court of Alabama · 1907
- Perry v. Atlantic Coast Line R. Co.Alabama Court of Appeals · 1949
- Alabama Great Southern R. Co. v. SmelleySupreme Court of Alabama · 1939
- National Life & Accident Ins. v. HannerAlabama Court of Appeals · 1922
- Central of Georgia Ry. v. LarkinsSupreme Court of Alabama · 1904