Alabama Great Southern Railroad v. Hall
Supreme Court of Alabama
Appeal from the Circuit Court of DeKalb. Tried before the Hon. James A. Bilbko. This was an action brought by the appellee, A. L. Hall, -against the Alabama Great Southern Railroad Company, to recover damages for injuries to a horse. The plaintiff 'Claimed damages under separate counts for injury to a horse and a mule, but the court gave the general.affirmative -charge for the defendant as to the damages claimed for the mule.
Read the full summary
Appeal from the Circuit Court of DeKalb. Tried before the Hon. James A. Bilbko. This was an action brought by the appellee, A. L. Hall, -against the Alabama Great Southern Railroad Company, to recover damages for injuries to a horse. The plaintiff 'Claimed damages under separate counts for injury to a horse and a mule, but the court gave the general.affirmative -charge for the defendant as to the damages claimed for the mule. The count of the complaint claiming damages for the horse, and the substance of the demurrers to Said count are -set out in the opinion. The recital in the judgment…
1Opinion of the CourtMoOLELLAN, C. J.
Action by Hall against the railroad company. The complaint is as follows: “Plaintiff claims of the defendant the sum of seventy-five dollars as damages for that on or about the .... day of August, 1900, defendant negligently caused one horse, the property of plaintiff, to run into a trestle on defendant’s railroad, and ¡thereby injured it so'it was worthless.” (There was also a mule in the coni*366plaint and in the trestle, but a® no injury to it was proved and the court charged affirmatively for defendant as to the damages claimed as to it, we pretermit the mule.) There was a demurrer ¡to the…
2Cases cited3 opinions
- American Pig Iron Storage Warrant Co. v. GermanSupreme Court of Alabama · 1899
- Western Railway Co. v. LazarusSupreme Court of Alabama · 1889
- Oxford Lake Line Co. v. StedhamSupreme Court of Alabama · 1893
3Cited by4 opinions
- Nashville, C. & St. L. Ry. Co. v. GarthSupreme Court of Alabama · 1912
- Southern Railway Co. v. HobsonAlabama Court of Appeals · 1912
- Atlanta, B. A. Ry. Co. v. BallardSupreme Court of Alabama · 1919
- Newsome v. Louisville N. R. Co.Alabama Court of Appeals · 1926