Western Railway v. Turner
Supreme Court of Alabama
Appeal from Macon Circuit Court. Heard before Hon. S. L. Brewer. Action by S. W. Turner against the Western Railway of Alabama for damages for killing a mule. Judgment for plaintiff, and defendant appeals.
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Appeal from Macon Circuit Court. Heard before Hon. S. L. Brewer. Action by S. W. Turner against the Western Railway of Alabama for damages for killing a mule. Judgment for plaintiff, and defendant appeals. The complaint is as follows: “(1) Plaintiff claims of the defendant, the Western Railway of Alabama, a corporation operating a railroad in Macon county, Alabama, the sum of $200, for that, whereas, the plaintiff was, on, to wit, the 27th day of September, 1909, the owner of a dark iron gray mule, which defendant company killed on said date about 1 3-4 miles east of Clie-haw, Alabama, a…
1Opinion of the CourtAnderson, J.
The complaint did not have to aver the name and position of the defendant’s servants in *646operating the train; this suit being by a person who was not an employee.—Birmingham Ry. v. City Stable Co., 119 Ala. 615, 24 South. 558, 72 Am. St. Rep. 955; Abingdon Mills v. Grogan, 167 Ala. 146, 52 South. 596. Good pleading should require a more specific designation of the place of killing the mule than is set out in counts 2 and 3 of the complaint, but this point, while argued, is not raised by the demurrers. There was evidently an attempt to do so, hut the demurrer as contained in the record says the…
2Cases cited2 opinions
- Abingdon Mills v. GroganSupreme Court of Alabama · 1910
- Birmingham Railway & Electric Co. v. City Stable Co.Supreme Court of Alabama · 1898
3Cited by12 opinions
- W. S. Fowler Rental Equipment Company v. SkipperSupreme Court of Alabama · 1963
- Jones v. KeithSupreme Court of Alabama · 1931
- Phillips v. AshworthSupreme Court of Alabama · 1929
- Foreman v. Dorsey Trailers, Inc.Supreme Court of Alabama · 1951
- Shelby Iron Co. v. MorrowSupreme Court of Alabama · 1923
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