Ala. Great Southern Railway Co. v. Moody
Supreme Court of Alabama
Appeal from the Circuit Court of Tuscaloosa. Tried before the Hon. S. IT. Sprotx. This suit was brought by the appellee, Frank S. Moody, against the appellant railroad corporation; and sought to recover damages for the killing of a Galloway bull, the property of the plaintiff, which was alleged to have been caused by the negligence of the defendant in running its locomotive and train of cars. The defendant pleaded the general issue, and issue was joined thereon.
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Appeal from the Circuit Court of Tuscaloosa. Tried before the Hon. S. IT. Sprotx. This suit was brought by the appellee, Frank S. Moody, against the appellant railroad corporation; and sought to recover damages for the killing of a Galloway bull, the property of the plaintiff, which was alleged to have been caused by the negligence of the defendant in running its locomotive and train of cars. The defendant pleaded the general issue, and issue was joined thereon. On the trial, it was shown that the animal was killed by one of the defendant’s trains at a point on its road at about 6.45 o’clock…
1Opinion of the CourtClopton, J.
There is no error in refusing to exclude the evidence of Hamner and Bridges, as to the value of the animal killed. The former had been, and was superintendent of plain tiff’s stock farm for several years, and the latter is a farmer engaged in raising and selling cattle, and had raised and sold some half-breed Galloway calves, the animal killed being a thorough-bred Galloway bull. Both of them knew the bull, his breed and peculiar merits. When the witness knows the property, no peculiar skill is requisite to qualify him to testify to its value; neither is it necessary that the opinion of the…
2Cases cited16 opinions
- Grand Trunk Railroad v. RichardsonSupreme Court of the United States · 1876
- Eiland v. StateSupreme Court of Alabama · 1875
- Louisville & Nashville Railroad v. HallSupreme Court of Alabama · 1888
- Louisville & Nashville Railroad v. Allen's Adm'rSupreme Court of Alabama · 1885
- Georgia Pacific Railway Co. v. PropstSupreme Court of Alabama · 1887
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3Cited by11 opinions
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- Louisville & Nashville Railroad v. BarkerSupreme Court of Alabama · 1892
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- Montgomery Street Railway Co. v. HastingsSupreme Court of Alabama · 1903
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