Nashville C. & St. L. Ry. Co. v. Garth
Supreme Court of Alabama
Damages for Injury to Stock on Track. Appeal from Maclison Circuit Court. Heard before Hon. D. W. Speak®. Action by W. F. Garth against the Nashville, Chattanooga & St. Louis Railway. From a judgment for plaintiff, defendant appeals. The pleadings and the facts are sufficiently stated in the opinion of the court.
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Damages for Injury to Stock on Track. Appeal from Maclison Circuit Court. Heard before Hon. D. W. Speak®. Action by W. F. Garth against the Nashville, Chattanooga & St. Louis Railway. From a judgment for plaintiff, defendant appeals. The pleadings and the facts are sufficiently stated in the opinion of the court. The following charges were refused to defendant: “(2) Even if the jury should find from the evidence in this case that the plaintiff is entitled to recover, he can recover only the damages he-actually sustained by the alleged injury.” “(6) X charge you, gentlemen, that there is no…
1Opinion of the CourtDowdell, J.
The complaint as originally filed contained three counts. It was subsequently amended by adding four other counts, numbered 4, 5, 6, and 7. In each of tbe three counts of tbe original complaint, in stating tbe cause of action, it is alleged that tbe injury complained of was inflicted by tbe application of direct force — in other words, it is alleged that tbe defendant ran its locomotive and train of cars over or against the'colt which were injured. In each of tbe counts (4, 5, 6, and 7) added by way of amendment it is alleged that *314tbe injuries to- the colts were caused by their running into a…
2Cases cited4 opinions
- Southern Railway Co. v. BushSupreme Court of Alabama · 1898
- Nelson v. First National Bank of MontgomerySupreme Court of Alabama · 1903
- Ala. Great So. R. R. v. SmithSupreme Court of Alabama · 1886
- Freeman v. Central of Ga. Ry. Co.Supreme Court of Alabama · 1908
3Cited by3 opinions
- Central of Georgia Railway Co. v. FullerSupreme Court of Alabama · 1909
- Garth v. Nashville, Chattanooga & St. Louis Ry.Supreme Court of Alabama · 1914
- Northern Alabama Ry. Co. v. Foster, Creighton, Gould Co.Supreme Court of Alabama · 1917