Montgomery Street Railway v. Rice
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. A. 1). Sayre. This action was tried on the 3d count of the complaint charging the defendant with wilfully .or wantonly injuring a mule, the property of plaintiff, to which count the defendant interposed the plea of “not guilty.” There was a verdict for the plaintiff. The evidence showed that defendant was engaged in the business of operating an electric street railway in the city of Montgomery.
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Appeal from the City Court of Montgomery. Tried before the Hon. A. 1). Sayre. This action was tried on the 3d count of the complaint charging the defendant with wilfully .or wantonly injuring a mule, the property of plaintiff, to which count the defendant interposed the plea of “not guilty.” There was a verdict for the plaintiff. The evidence showed that defendant was engaged in the business of operating an electric street railway in the city of Montgomery. That one of defendant’s lines ran along Chandler street, and that the track was straight for several hundred yards on either side of the…
1Opinion of the CourtAnderson, J.
The trial court charged out all of the counts of the complaint except number 3, which charges a willful or wanton act.
Under the evidence, although there ivas a conflict as to the rate of speed the car was going, and as to the motorman’s knowledge of the surroundings, the trial court properly left it to> the jury to determine, whether or not defendant ivas guilty of a wanton or willful wrong. M. & C. R. R. v. Martin, 117 Ala. 367; L. & N. R. R. Co. v. Webb, 97 Ala. 314.
Charge 4 was properly refused. It singles out a fact upon which it is hypothesized, and seeks to direct special attention to…
2Cases cited8 opinions
- Hawes v. StateSupreme Court of Alabama · 1889
- Memphis & Charleston Railroad v. MartinSupreme Court of Alabama · 1897
- Louisville & Nashville Railroad v. OrrSupreme Court of Alabama · 1898
- Louisville & Nashville Railroad v. WebbSupreme Court of Alabama · 1892
- Snider v. BurksSupreme Court of Alabama · 1887
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3Cited by10 opinions
- Carraway v. GrahamSupreme Court of Alabama · 1928
- Duncan v. St. Louis & San Francisco RailroadSupreme Court of Alabama · 1907
- Smith v. MooreSupreme Court of Alabama · 1965
- Scott v. Louisville N. R. Co.Supreme Court of Alabama · 1927
- Birmingham Realty Co. v. ThomasonAlabama Court of Appeals · 1912
5 more not listed; retrieve them via the Exa API.