Nashville, C. & St. L. Ry. Co. v. Garth
Supreme Court of Alabama
Appeal from Madison Circuit Court. Heard before Hon. D. W. Speaks. Action by W. F. Garth against the Nashville, Chattanooga & St. Louis Railway, for damage for injury to stock by frightening. Judgment for plaintiff and defendant appeals. Under the evidence the general charge for defendant might have been given. ' ■ — L. & N. v. Gentry, 103 Ala. 635; Wes. Ry. v. Lma/rus, 88 Ala. 453; Ghoate v. So.
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Appeal from Madison Circuit Court. Heard before Hon. D. W. Speaks. Action by W. F. Garth against the Nashville, Chattanooga & St. Louis Railway, for damage for injury to stock by frightening. Judgment for plaintiff and defendant appeals. Under the evidence the general charge for defendant might have been given. ' ■ — L. & N. v. Gentry, 103 Ala. 635; Wes. Ry. v. Lma/rus, 88 Ala. 453; Ghoate v. So. Ry., 119 Ala. 614; A. G. S. v. Roebuck, 76 Ala. 277. Trains cannot be operated without usual noises of the rattling of the cars and blowing off of steam, and these furnish no presumption of…
1Opinion of the CourtSimpson, J.
This action is brought by the appellee for damages resulting from the fact, as alleged, that the defendant caused 13 colts belonging to the plaintiff to become frightened by an approaching train, thereby causing them to run into a trestle on defendant’s road, from which some of them died and others were injured.
The only eye-witness to the occurrence was the engineer, James Barrett, who testifies that the track is straight and the ground pretty level at the place in question, and that there is a fill something like 2, or 2y2 feet above the natural surface of the ground; that when he first…
2Cases cited12 opinions
- Southern Railway Co. v. CrawfordSupreme Court of Alabama · 1909
- Peru & Indianapolis Railroad v. HasketIndiana Supreme Court · 1858
- Ohio & Mississippi Railway Co. v. ColeIndiana Supreme Court · 1872
- Baltimore, Pittsburgh & Chicago R. W. Co. v. ThomasIndiana Supreme Court · 1877
- International & Great Northern Railroad v. HughesTexas Supreme Court · 1887
7 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Thrasher v. BurrSupreme Court of Alabama · 1918
- Louisville & Nashville R. R. v. KellySupreme Court of Alabama · 1916
- Garth v. Nashville, Chattanooga & St. Louis Ry.Supreme Court of Alabama · 1914
- Northern Alabama Ry. Co. v. Foster, Creighton, Gould Co.Supreme Court of Alabama · 1917
- Chicago, R.I. P. R. Co. v. HineSupreme Court of Oklahoma · 1916
4 more not listed; retrieve them via the Exa API.