Louisville & Nashville Railroad v. Kelsey
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. John P. Hubbard. This action was brought by R. W. Kelsey against the appellant corporation, to recover damages for the killing of a blooded stallion belonging to the plaintiff, by an engine and train of cars belonging to the defendant, and which was alleged to have been caused by the negligence of the defendant’s agents and servants in charge of the train.
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. John P. Hubbard. This action was brought by R. W. Kelsey against the appellant corporation, to recover damages for the killing of a blooded stallion belonging to the plaintiff, by an engine and train of cars belonging to the defendant, and which was alleged to have been caused by the negligence of the defendant’s agents and servants in charge of the train. The accident occurred on the 27th February, 1889, and the action was commenced on the 17th April, 1889. The pleas were, not guilty, and contributory negligence; and there…
1Opinion of the CourtMcCLELLAN, J.
Assuming it to be a fact, that the stallion, for the negligent killing of which this action was brought, escaped from a train of the defendant company through the negligence of the plaintiff, we are unable to see any such relation of cause and effect between that fact and the subsequent injury to the animal by another and different train of the defendant, as would avail the defendant under the plea of contributory negligence. The uncontroverted evidence is, that the horse escaped, unhurt, from the car in which he was being transported, went thence a half mile in an easterly direction into a…
2Cases cited3 opinions
- Alabama Great Southern Railroad v. JonesSupreme Court of Alabama · 1882
- Alabama Great Southern Railroad v. McAlpine & Co.Supreme Court of Alabama · 1882
- Geo. Pacific Railway Co. v. HughesSupreme Court of Alabama · 1888
3Cited by9 opinions
- Mobile & Ohio R. R. v. Christian Moerlein Brewing Co.Supreme Court of Alabama · 1906
- A. G. S. R. R. v. VailSupreme Court of Alabama · 1904
- Edwards v. Southern Ry. Co.Supreme Court of Alabama · 1936
- Ensley Mercantile Co. v. OtwellSupreme Court of Alabama · 1904
- Southern Railway Co. v. HogeSupreme Court of Alabama · 1904
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