Birmingham Southern Railway Co. v. Morris
Alabama Court of Appeals
Appeal from Birmingham City Court. Heard before Hon. C. C. Nesmith. Action -by E. A. Morris against the Birmingham Southern Railroad Company for injury to stock by frightening so as to cause the stock to jump and be killed. Judgment for plaintiff, and defendant appeals. The court erred in charging the jury ex mero motu .that defendant had the burden of acquitting itself of any negligence proximately contributing to the death of the animals.
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Appeal from Birmingham City Court. Heard before Hon. C. C. Nesmith. Action -by E. A. Morris against the Birmingham Southern Railroad Company for injury to stock by frightening so as to cause the stock to jump and be killed. Judgment for plaintiff, and defendant appeals. The court erred in charging the jury ex mero motu .that defendant had the burden of acquitting itself of any negligence proximately contributing to the death of the animals. No collision is shown but injury arising from fright is complained of. — L. & N. v. Brewing Go., 150 Ala. 396; N. G. & 'St. L. v. Garth, 59 South. 641. It…
1Opinion of the Court
THOMAS, J. —
This is a suit brought by the appellee, Morris, against the appellant, the Birmingham Southern Railroad Company, for damages resulting from the alleged negligence of the defendant in frightening by an approaching train and thereby causing the plaintiff’s horse, which was running down the track ahead of the train, to jump off of said track, upon reaching a high trestle thereon, onto the trestle of an adjoining track, thereby receiving injuries from which it died.
The principles of law applicable to the case are so thoroughly" discussed and well stated in the case of *532Nashville, C. &…
2Cases cited2 opinions
- Ragland v. StateSupreme Court of Alabama · 1912
- Flowers v. W. T. Smith. Lumber Co.Supreme Court of Alabama · 1908
3Cited by3 opinions
- Northern Ala. Ry. Co. v. WhiteAlabama Court of Appeals · 1915
- Southern Ry. Co. v. OsborneAlabama Court of Appeals · 1917
- Louisville Nashville Railroad Company v. LewisAlabama Court of Appeals · 1968