Legal Opinion

Nashville, Chattanooga & St. Louis Railroad v. Hembree

Supreme Court of Alabama

Decided December 15, 1888PublishedCited by 23 opinions

Appeal from tbe Circuit Court of Jackson. Tried before tbe Hon. JOHN B. Tally. Tbis action was brought by A. J. Hembree, against tbe appellant corporation, to recover damages for killing a mare, tbe property of plaintiff. Tbe circumstances attending tbe killing, as disclosed by tbe evidence on the trial, are stated in tbe opinion of tbe court.

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Appeal from tbe Circuit Court of Jackson. Tried before tbe Hon. JOHN B. Tally. Tbis action was brought by A. J. Hembree, against tbe appellant corporation, to recover damages for killing a mare, tbe property of plaintiff. Tbe circumstances attending tbe killing, as disclosed by tbe evidence on the trial, are stated in tbe opinion of tbe court. Tbe court charged tbe jury, ex mero motu, as follows: “It is tbe duty of tbe engineer, or other person having control of tbe running of a locomotive, on approaching any public road-crossing, and within a quarter of a mile of such crossing, to blow tbe…

1Opinion of the Court

STONE, O. J. —

The present action was brought for the recovery of damages, for the alleged negligent killing of a mare, by appellant’s train. The testimony is without conflict on the following propositions: The killing took place in an open field, the ground being level, and neither curve nor cut in that part of the road. The train was approaching, and was within 175 or 200 yards of a flag-station, at which it made no stop, except when signalled, and it was not signalled on that occasion. There was a public road crossing ahead of the train, and within three or four hundred yards of the scene…

2Cases cited9 opinions

  1. Tanner's v. Louisville & Nashville RailroadSupreme Court of Alabama · 1877
  2. Zeigler v. South & North Ala. R. R.Supreme Court of Alabama · 1877
  3. Grey v. Mobile Trade Co.Supreme Court of Alabama · 1876
  4. East Tenn., Va. & Ga. Railroad v. BaylissSupreme Court of Alabama · 1883
  5. East Tenn., Va. & Ga. Railroad v. DeaverSupreme Court of Alabama · 1885

4 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. Louisville & Nashville Railroad v. Marbury Lumber Co.Supreme Court of Alabama · 1899
  2. Louisville & Nashville Railroad v. MarkeeSupreme Court of Alabama · 1893
  3. Louisville & Nashville Railroad v. HallSupreme Court of Alabama · 1888
  4. Ensley Railway Co. v. ChewningSupreme Court of Alabama · 1890
  5. Weatherly v. Nashville, Chattanooga & St. Louis RailwaySupreme Court of Alabama · 1909

18 more not listed; retrieve them via the Exa API.

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