Southern Ry. Co. v. Parkes
Alabama Court of Appeals
Appeal from Jackson Circuit Court. Heard before Hon. W. W. Haralson. Action by T. E. Parkes against the Southern Railway Company for damages for killing a hog. Judgment for plaintiff and defendant appeals.
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Appeal from Jackson Circuit Court. Heard before Hon. W. W. Haralson. Action by T. E. Parkes against the Southern Railway Company for damages for killing a hog. Judgment for plaintiff and defendant appeals. The defendant was' entitled to the general charge on account of the variance. — Ashman v. State, 63 South. 754'; G. of Ga. v. Simmons, 43 South. 731. The affirmative charge should have been given also for the reason that there was no evidence to show that the hog was the property of plaintiff, ov that it was killed as a result of the negligence of defendant’s employees. — So. Ry. v. Eoge,…
1Opinion of the CourtThomas, J.
Section 5476 of the' Code, among other things, provides that, “when any person or stock is killed or injured, or other property destroyed or damaged by the locomotive or cars of any railroad, the burden .of proof in any suit brought therefor is on the railroad company to show a compliance with the preceding sections and that there was no negligence on the part of the company or its agents.” The plaintiff, in an action against the railroad company for damages for such killing or injury, makes out a priina facie case by showing that the killing or injury was done by the locomotive or cars of…
2Cases cited3 opinions
- East Tenn., Va. & Ga. Railroad v. WatsonSupreme Court of Alabama · 1890
- Western Railway Co. v. LazarusSupreme Court of Alabama · 1889
- O'Rear v. Manchester Lumber Co.Alabama Court of Appeals · 1912
3Cited by6 opinions
- Bell v. StateCourt of Criminal Appeals of Alabama · 1985
- Ruffin v. StateAlabama Court of Appeals · 1941
- Largin v. StateAlabama Court of Appeals · 1925
- Atlanta & St. A. B. Ry. Co. v. HodgesAlabama Court of Appeals · 1922
- Southern Railway Co. v. HartmanAlabama Court of Appeals · 1915
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