Alabama Great Southern Railroad v. Jones
Supreme Court of Alabama
Aiupeal from Greene Circuit Court. Tried before lion. ¥m, S. Mudd. This was an action by Winston Jones against the Alabama Great Southern Bailroad Company, a corporation operating a railroad in this State, to recover damages alleged to have been done to designated stock belonging to the plaintiff by the defendant’s train, “ through and in consequence of the negligence and want of due care and skill of its agents and servants in operating said railroad and running its…
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Aiupeal from Greene Circuit Court. Tried before lion. ¥m, S. Mudd. This was an action by Winston Jones against the Alabama Great Southern Bailroad Company, a corporation operating a railroad in this State, to recover damages alleged to have been done to designated stock belonging to the plaintiff by the defendant’s train, “ through and in consequence of the negligence and want of due care and skill of its agents and servants in operating said railroad and running its locomotive and cars over its said railroad.” The defendant pleaded (1) the general issue; (2) that at the time the stock were…
1Opinion of the CourtBrickell, C. J.
The general rule is, as is insisted by counsel for the appellant, that an action for a tort must be prosecuted in the name of the party having the legal interest; and, if it be an injury to property, in the name of the party having the legal title to the property at the time of the in jury.—1 Chit, on Pl. 69 ; Roberts v. Connelly, 14 Ala. 235. "We pass over the fact, that of a part of the stock injured the plaintiff had not only possession, but the general, absolute property. Of the others, and of the plantation to which they were attached he had the open, unmolested possession, exercising…
2Cases cited11 opinions
- Zeigler v. South & North Ala. R. R.Supreme Court of Alabama · 1877
- Nashville & Chattanooga Railroad v. PeacockSupreme Court of Alabama · 1854
- South & North Alabama Railroad v. WilliamsSupreme Court of Alabama · 1880
- Hare v. FullerSupreme Court of Alabama · 1845
- Memphis & Charleston Rail Road v. LyonSupreme Court of Alabama · 1878
6 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Randle v. Birmingham Railway, Light & Power Co.Supreme Court of Alabama · 1910
- Frazer v. South & North Ala. R. R.Supreme Court of Alabama · 1886
- Birmingham Mineral R. R. v. HarrisSupreme Court of Alabama · 1893
- Birmingham Railway, Light & Power Co. v. MurphyAlabama Court of Appeals · 1911
- Wilson v. Louisville & Nashville RailroadSupreme Court of Alabama · 1887
40 more not listed; retrieve them via the Exa API.