Louisville N. R. Co. v. Hayward
Supreme Court of Alabama
Appeal from City Court of Bessemer; J. C. B. Gwin, Judge. Action by Will Hayward against the Louisville & Nashville Railroad Company. From a judgment for plaintiff, defendant appeals. Transferred from Court of Appeals under Act April 18, 1911, p. 449, § 6.
1Opinion of the CourtThomas, J.
This is ail action for damages. The cause was submitted to the jury on one count. The demurrers to the count were properly overruled. Plaintiff’s (appellee’s) evidence tended to show that his cow had been missing' for about a week. Its range was from plaintiff’s home to a point across defendant’s tracks. Plaintiff, being informed that something had been recently buried on defendant’s right of way near the point where said cow, with other cows of the neighborhood, was accustomed to go, cuig into the “grave” on the right of way (which was about eight or ten feet from defendant’s railroad…
2Cases cited20 opinions
- South & North Ala. Railroad v. McLendonSupreme Court of Alabama · 1879
- Tobler v. Pioneer Mining & Mfg. Co.Supreme Court of Alabama · 1909
- Amerson v. Corona Coal & Iron Co.Supreme Court of Alabama · 1915
- Pope v. StateSupreme Court of Alabama · 1911
- Watkins v. StateSupreme Court of Alabama · 1889
15 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- McMillan v. AikenSupreme Court of Alabama · 1920
- Ellis v. StateSupreme Court of Alabama · 1943
- J. H. Burton Sons Co. v. MaySupreme Court of Alabama · 1925
- Cunningham Hardware Co. v. Louisville N. R. Co.Supreme Court of Alabama · 1923
- Davis v. SmithermanSupreme Court of Alabama · 1923
4 more not listed; retrieve them via the Exa API.