Louisville N. R. Co. v. Watson
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; J. C. B. Gwin, Judge. Action for damages by M. L. Watson against the Louisville & Nashville Railroad Company.
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Appeal from Circuit Court, Jefferson County; J. C. B. Gwin, Judge. Action for damages by M. L. Watson against the Louisville & Nashville Railroad Company. Erom a judgment for plaintiff, defendant appealed to the Court of Appeals, from which the cause was transferred to the Supreme Court under Acts 1911, p. 450, § 6. The complaint is as follows: “The plaintiff claims of the defendant the sum of $100 damages, for that heretofore, on, to wit, November 2, 1920, the defendant was engaged in the operation of a railroad in Jefferson county, Ala., and the plaintiff says that on the date aforesaid, at…
1Opinion of the CourtSomerville, J.
[1] The complaint in this case is clearly not subject to demurrer. So. R. Co. v. Hobbs, 151 Ala. 335, 43 South. 844; Gordon v. T. C. I. & R. Co., 164 Ala. 203, 51 South. 316.
[2] When plaintiff showed that his dog was killed by defendant’s train, the burden was then placed on defendant to show that the killing was not negligently done. Code, § 5476; L. & N. R. Co. v. Fitzpatrick, 129 Ala. 322, 29 South. 859, 87 Am. St. Rep. 64; A. G. S. R. Co. v. Wedgworth (2 Div. 803 Ala. Sup.) 94 South. 549. See, also; the opinion of Walker, P. J., in Selma St. & Sub. R. Co. v. Martin, 2 Ala. App. 537, 56…
2Cases cited13 opinions
- Stone v. StateSupreme Court of Alabama · 1894
- Southern Railway Co. v. HobbsSupreme Court of Alabama · 1907
- Appel v. Selma Street & Suburban Railway Co.Supreme Court of Alabama · 1912
- Alabama City G. & A. Ry. Co. v. LumpkinSupreme Court of Alabama · 1915
- Alabama Great Southern R. Co. v. WedgworthSupreme Court of Alabama · 1922
8 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Louisville N. R. Co. v. GreenSupreme Court of Alabama · 1931
- Southern Ry. Co. v. CatesSupreme Court of Alabama · 1924
- Alabama Great Southern R. Co. v. SmithSupreme Court of Alabama · 1923
- Louisville N. R. Co. v. CoxeSupreme Court of Alabama · 1928
- Louisville N. R. Co. v. CarterSupreme Court of Alabama · 1925
8 more not listed; retrieve them via the Exa API.