Louisville & Nashville Railroad v. Lancaster
Supreme Court of Alabama
Appeal from tbe circuit court of Elmore. Tried before tbe Hon. N. I). Denson. Tbis action was commenced in a Justice Court by Jno. A. Lancaster against tbe L. & N. It. It. Co. and was carried by appeal to tbe Circuit court. In the justice court there was only one count to tbe complaint in.which damages were claimed for killing two steers and one milch cow. The justice gave judgment for the plaintiff for the killing of the two steers and for the defendant for the cow.
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Appeal from tbe circuit court of Elmore. Tried before tbe Hon. N. I). Denson. Tbis action was commenced in a Justice Court by Jno. A. Lancaster against tbe L. & N. It. It. Co. and was carried by appeal to tbe Circuit court. In the justice court there was only one count to tbe complaint in.which damages were claimed for killing two steers and one milch cow. The justice gave judgment for the plaintiff for the killing of the two steers and for the defendant for the cow. The steers and the cow were killed at different times and places. In the circuit court the plaintiff was permitted to amend the…
1Opinion of the CourtDowdell, J.
— The suit in this case Avas begun in the justice of the peace court. The original complaint before the justice contained three counts. In each count damages were averred and claimed for the negligent killing by the defendant of two steers and one milch cow property of plaintiff. The two steers were averred to have been killed on the same day and at the same time by defendant’s train, and the coav was averred to have been killed on a different day. Thus, two distinct causes of action for two distinct torts, were averred in each of the three counts of the complaint. Without objection to this…
2Cases cited4 opinions
- Louisville & Nashville Railroad v. CoferSupreme Court of Alabama · 1895
- Abraham v. AlfordSupreme Court of Alabama · 1879
- Harsh, McLean & Hardison v. HeflinSupreme Court of Alabama · 1884
- Moody v. Alabama Great Southern RailroadSupreme Court of Alabama · 1892
3Cited by47 opinions
- Vinyard v. Republic Iron & Steel Co.Supreme Court of Alabama · 1921
- Thompson v. City of BirminghamSupreme Court of Alabama · 1928
- Carter v. FulghamSupreme Court of Alabama · 1901
- Crandall-Pettee Co. v. Jebeles & Colias Conf. Co.Supreme Court of Alabama · 1915
- Ex Parte StateSupreme Court of Alabama · 2005
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