Southern Railway Co. v. Goggins
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. C. B. Smith. Action by E. D. Goggins against the Southern Railway Company for damages for killing a cow, begun in the justice court and carried by the defendant to the circuit court on appeal. Judgment for plaintiff and defendant appeals. Transferred from the Court of Appeals under Acts 1911, p. 450.
1Opinion of the CourtThomas, J.
The appellant, a Virginia corporation, was sued in the justice court, precinct 33, Jefferson county, Ala., for negligently causing its locomotive to run over and kill appel-lee’s cow.
The defendant corporation appeared specially, and moved the court to dismiss the case because the cause of action sued on did not arise in the precinct in which said suit was pending, and because the defendant was not a resident of said precinct. Thereafter, by way of special plea, defendant pleaded thus:
“That this court is without jurisdiction to hear and determine this cause, because * * * the cause of action…
2Cases cited12 opinions
- Sullivan v. Sullivan Timber Co.Supreme Court of Alabama · 1893
- Southern Railway Co. v. JordanSupreme Court of Alabama · 1915
- Taylor v. WoodsSupreme Court of Alabama · 1875
- Home Protection of North Ala. v. Richards & SonsSupreme Court of Alabama · 1883
- Drennen Motor Car Co. v. EvansSupreme Court of Alabama · 1915
7 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Associated Grocers of Alabama v. Graves Co.Supreme Court of Alabama · 1961
- Pepperell Manufacturing Co. v. Alabama National BankSupreme Court of Alabama · 1954
- Ex Parte KempSupreme Court of Alabama · 1936
- Vandergriff v. Southern Ry. Co.Supreme Court of Alabama · 1988
- Washam v. WeldonAlabama Court of Appeals · 1930
2 more not listed; retrieve them via the Exa API.