Moody v. Alabama Great Southern Railroad
Supreme Court of Alabama
Appeal from tbe Circuit Court of Tuscaloosa. Tried before tbe Hon. S. H. Sprott. Tbis is an action to recover damages for tbe killing of a Galloway cow, and was brought by tbe appellant, E. S. Moody, against tbe appellee corporation. Tbis is tbe second appeal. — 90 Ala. 46. After tbe reversal of tbe cause, tbe second trial in tbe Circuit Court resulted in a judgment for defendant.
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Appeal from tbe Circuit Court of Tuscaloosa. Tried before tbe Hon. S. H. Sprott. Tbis is an action to recover damages for tbe killing of a Galloway cow, and was brought by tbe appellant, E. S. Moody, against tbe appellee corporation. Tbis is tbe second appeal. — 90 Ala. 46. After tbe reversal of tbe cause, tbe second trial in tbe Circuit Court resulted in a judgment for defendant. The defendant admitted tbe killing of tbe cow by one of its trains at tbe date and place mentioned in tbe complaint, but denied any liability therefor. Tbe testimony for tbe defendant was to tbe effect that tbe…
1Opinion of the CourtMcCLELLAN, J.
This is the second appeal in this case. On the former appeal it was held that the evidence was free from conflict or adverse inference to the negation of all negligence on the part of defendant’s trainmen in respect of the killing of plaintiff’s cow, and hence that the general affirmative charge with hypothesis should have been given for defendant.—Ala. Gr. So. R. R. Co. v. Moody, 90 Ala. 46. When the case came on for trial again below, the court was of opinion that the evidence adduced was the same as upon the first trial, and therefore charged affirmatively for the defendant. A verdict was…
2Cases cited4 opinions
- Louisville & Nashville Railroad v. OrrSupreme Court of Alabama · 1890
- East Tennessee, Virginia & Georgia Railroad v. BaylissSupreme Court of Alabama · 1883
- Ala. Great Southern Railroad v. MoodySupreme Court of Alabama · 1890
- Mobile & Birmingham Railroad v. LaddSupreme Court of Alabama · 1890
3Cited by4 opinions
- Louisville & Nashville Railroad v. LancasterSupreme Court of Alabama · 1898
- Brooks v. RogersSupreme Court of Alabama · 1893
- Chattanooga Southern Railroad v. DanielSupreme Court of Alabama · 1898
- Bugg v. MitchellAlabama Court of Appeals · 1925