Jones v. Darden
Supreme Court of Alabama
Appeal from- the Circuit Court of Chambers. Tried before the Hon. James R. Dowdell. This- action .was brought by W. C. Darden against James T..
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Appeal from- the Circuit Court of Chambers. Tried before the Hon. James R. Dowdell. This- action .was brought by W. C. Darden against James T.. Jones, and was commenced on the 6th August, 1889, the complaint being in.these words: “Plaintiff claims--of defendant $250 as damages, for that defendant,.on the 4th May, 1889,. was the owner of a stallion, which he used for hire in .standing to serve mares, and plaintiff was the owner of a sorrel .mare, which defendant undertook, for a reward to be paid by plaintiff, to have served by said stallion; and plaintiff, avers that defendant so negligently…
1Opinion of the CourtSomerville, J.
The complaint seems to us to be sufficient, and not liable to the supposed defects suggested by the demurrer of the defendant. The defendant would be liable to the owner of the mare, not only for any injury resulting from the viciousnpss of the stallion, known to his owner, which was the proximate consequence of the service undertaken, but also for any injury resulting from a want of ordinary care or lack of skill on the part of the defendant, or his agent; or, in other words, any negligence on their part, in managing and controlling the stallion in the process of the service. The fact of…
2Cases cited3 opinions
- Louisville & Nashville Railroad v. JonesSupreme Court of Alabama · 1887
- South & North Alabama Railroad v. ThompsonSupreme Court of Alabama · 1878
- Mobile & Montgomery Railway Co. v. CrenshawSupreme Court of Alabama · 1880
3Cited by4 opinions
- Memphis & Charleston Railroad v. MartinSupreme Court of Alabama · 1897
- Howard v. McCarsonSupreme Court of Alabama · 1926
- Strickland v. JacksonSupreme Court of Alabama · 1920
- Stark v. BredahlWisconsin Supreme Court · 1936