Legal Opinion

South & North Alabama Railroad v. Thompson

Supreme Court of Alabama

Decided December 15, 1878PublishedCited by 38 opinions

Appeal from Jefferson Circuit Court. Tried before Hon. William S. Mudd. Tbe appellees, Thompson & Garner, brought this action against the appellant, the South & North Alabama Railroad Company, to recover damages for the killing of sixteen head of stock. The complainant avers that the killing was the result of the negligence or want of skill of defendant’s employes in the management or running of the train.

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Appeal from Jefferson Circuit Court. Tried before Hon. William S. Mudd. Tbe appellees, Thompson & Garner, brought this action against the appellant, the South & North Alabama Railroad Company, to recover damages for the killing of sixteen head of stock. The complainant avers that the killing was the result of the negligence or want of skill of defendant’s employes in the management or running of the train. From the evidence for the plaintiffs it appeared that on the 23d of November, 1875, the plaintiff Thompson and a young man were driving a drove of horses and mules, about thirty in number,…

1Opinion of the CourtBrickell, C. J.

1. The statutes make certain positive regulations a railroad company, its engineer or other person having the control of the running of its locomotives, must observe before reaching any public road crossing, or any depot or stopping place on such road, and until such road crossing is passed, and until he reaches such depot or stopping place. There are other places specified in the statutes at which certain regulations must be observed. — Code of 1876, § 1699. The engineer or other person having control of the running of a locomotive, who does not observe these regulations, is subject to…

2Cases cited1 opinion

  1. Mobile & Ohio Railroad v. WilliamsSupreme Court of Alabama · 1875

3Cited by38 opinions

  1. Memphis & Charleston Railroad v. MartinSupreme Court of Alabama · 1897
  2. Alabama Great Soiitliern Railroad v. HawkSupreme Court of Alabama · 1882
  3. Tennessee Coal, Iron & R. R. v. SmithSupreme Court of Alabama · 1911
  4. Birmingham Ry. Light & Power Co. v. MooreSupreme Court of Alabama · 1906
  5. City Council of Montgomery v. WrightSupreme Court of Alabama · 1882

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