Louisville Nashville R. R. Co. v. Dickson
Alabama Court of Appeals
Appeal from Lowndes Circuit Court. Heard before Hon. A. E. Gamble. (This cause was reviewed by the Supreme Court on certiorari to the Court of Appeals, and the writ was denied. See Ex parte L. & N. R. R. Co. v. Dickson, et al., 74 South. 1005.) Action by R. S. Dickson and another against the Louisville & Nashville Railroad Company, for damages for the death of cer- tain doys. Judgment for plaintiffs, and defendant appeals.
Read the full summary
Appeal from Lowndes Circuit Court. Heard before Hon. A. E. Gamble. (This cause was reviewed by the Supreme Court on certiorari to the Court of Appeals, and the writ was denied. See Ex parte L. & N. R. R. Co. v. Dickson, et al., 74 South. 1005.) Action by R. S. Dickson and another against the Louisville & Nashville Railroad Company, for damages for the death of cer- tain doys. Judgment for plaintiffs, and defendant appeals. It appears from the evidence that plaintiffs were going from Báy Minette to Tyson, Ala., upon a hunting expedition, and, having purchased tickets for themselves, delivered…
1Opinion of the Court
BROWN, J.—
(1, 2) Where the evidence shows that there is no market value of property in question at the place which under the general rule governs in fixing the damages for its loss or injury, it is permissible to show the market value at other places, “with cost of transportation or other facts that will enable the jury to deduce the value at the place in question.” However, evidence of the market value at other places than the places usually governing in such matters is not admissible where the evidence is clear that there is a value at that place. — Comer & Co. v. Way & Edmundson, 107 Ala,…
2Cases cited10 opinions
- Georgia Cotton Co. v. LeeSupreme Court of Alabama · 1916
- Western Union Telegraph Co. v. BensonSupreme Court of Alabama · 1908
- Republic Iron & Steel Co. v. QuintonSupreme Court of Alabama · 1915
- Brandon v. Progress Distilling Co.Supreme Court of Alabama · 1910
- Johnson v. AllenSupreme Court of Alabama · 1884
5 more not listed; retrieve them via the Exa API.