Central of Ga. Ry. Co. v. Brister
Supreme Court of Alabama
Appeal from Bullock Circuit Court. Heard before Hon. A. A. Evans. This was an action by appellee against appellant for the negligent killing of a horse belonging to appellee by one of appellant’s engines. The evidence tended to show that the engine pulling one of defendant’s freight trains struck a horse belonging to appellee and killed him.
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Appeal from Bullock Circuit Court. Heard before Hon. A. A. Evans. This was an action by appellee against appellant for the negligent killing of a horse belonging to appellee by one of appellant’s engines. The evidence tended to show that the engine pulling one of defendant’s freight trains struck a horse belonging to appellee and killed him. There Aims conflict in the testimony as to the distance the horse walked down the track from the place where it came on to the point at which he was killed. The evidence for appellant tended to show that the engine and cars were in proper condition,…
1Opinion of the CourtMoOLELLAN, C. J.
The charges requested by defendant should have been given. — Louisville & Nashville Railroad Co. v. Brinkerhoff, 119 Ala. 606, 24 South. 892.
Reversed and remanded..
Tyson, Simpson, and Anderson, JJ., concur.
ON REHEARING.
WEAKLEY, C. J.
The late Chief Justice was not entirely satisfied with the above opinion, nor with his opinion in L. & N. R. R. Co. v. Brinkerhoff, 119 Ala. 606, 24 South. 892, in so far as it held the fifth charge, requested by the defendant, in that case should have been given. XÍpon his own motion he caused this case to be placed on the rehearing docket for further…
2Cases cited6 opinions
- Nashville, Chattanooga & St. Louis Railroad v. HembreeSupreme Court of Alabama · 1888
- Choate v. Southern Railway Co.Supreme Court of Alabama · 1898
- Louisville & Nashville Railroad v. Brinkerhoff & Co.Supreme Court of Alabama · 1898
- Anderson & Shackleford v. Birmingham Mineral RailroadSupreme Court of Alabama · 1895
- Central of Ga. Ry. Co. v. TurnerSupreme Court of Alabama · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Reaves v. MaybankSupreme Court of Alabama · 1915
- Central of Georgia Ry. Co. v. WilliamsSupreme Court of Alabama · 1917
- Northern Ala. Ry. Co. v. WhiteAlabama Court of Appeals · 1915
- Bugg v. MeredithSupreme Court of Alabama · 1926
- Central of Georgia Ry. Co. v. PittmanAlabama Court of Appeals · 1918