Central of Georgia Railway Co. v. Wood
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried before the Hon. A. A .Coleman. This was an action brought by the appellee against the appellant to recover the value of a cow, alleged to have been negligently killed by defendant or by some one for whose acts it was responsible. The complaint, as amended, contained three counts-. The ’first count, without preliminary averments, claimed of the defendant $35 for the unlawful killing of a cow in the town of Woodlawn.
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Appeal from the Circuit Court of Jefferson. Tried before the Hon. A. A .Coleman. This was an action brought by the appellee against the appellant to recover the value of a cow, alleged to have been negligently killed by defendant or by some one for whose acts it was responsible. The complaint, as amended, contained three counts-. The ’first count, without preliminary averments, claimed of the defendant $35 for the unlawful killing of a cow in the town of Woodlawn. The second, after alleging that defendant was a corporation operating a railroad in Jefferson county, avers that “it allowed and…
1Opinion of the CourtHaralson, J.
1. I'f the demurrer to the 1st count of the amended Complaint, were of any merit, which it is unnecessary to decide, its overruling was not hurtful, since the proceedings show that the trial was had without any reference to it, but wholly on the 2d count. The demurrer to this last count, as appears, was very properly overruled. It does not sufficiently allege that the cow was killed or injured, 'but no ground raises this defect.
2. The evidence of the plaintiff was that he owned the cow, and her value; that she was struck by defendant’s engine about 100 feet from the west end of a fill or…
2Cases cited2 opinions
- Alabama Great Southern Railroad v. BoydSupreme Court of Alabama · 1899
- Tennessee Coal, Iron & Railroad v. HansfordSupreme Court of Alabama · 1899
3Cited by6 opinions
- Northern Alabama Railway Co. v. GutterySupreme Court of Alabama · 1914
- John R. Thompson & Co. v. VildibillSupreme Court of Alabama · 1924
- Willson v. Colorado & Southern Railway Co.Supreme Court of Colorado · 1914
- Southern Railway Co. v. BlankenshipSupreme Court of Alabama · 1915
- Louisville Nashville Railroad Company v. CoxCourt of Civil Appeals of Alabama · 1970
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