Central of Georgia Ry. Co. v. Williams
Supreme Court of Alabama
Appeal from Law Court, Pike County; T. L. Boram, Judge. Action by M. M.■'Williams against the Central of Georgia Railway Company for damages for killing animal. Judgment for plaintiff, and defendant appeals. Transferred from Court of Appeals under section 6, Acts 1911, p. 449. The first count declared for the killing of two cows. ’ The second count for one ye ailing.
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Appeal from Law Court, Pike County; T. L. Boram, Judge. Action by M. M.■'Williams against the Central of Georgia Railway Company for damages for killing animal. Judgment for plaintiff, and defendant appeals. Transferred from Court of Appeals under section 6, Acts 1911, p. 449. The first count declared for the killing of two cows. ’ The second count for one ye ailing. The second plea was: That at the time of filing of the complaint defendant had, and continuously has had since that time, and now has a release from the liability set forth in the complaint by virtue of the written agreement…
1Opinion of the CourtMcOLELLAN, J.
¡[1] The appellee sued the appellant to recover damages for the negligent killing of two cows and a yearling, the first count declaring upon the wrong suffered through the loss of the cows, and the second for the loss of the yearling. Besides the general issue, the defendant interposed amended plea 2 the theory of which was to conclude against a recovery because the plaintiff as a tenant of the defendant of a part of the unused right of way of the defendant had released damages consequent upon negligence •of the character declared on. The amended plea bore an express denial of the “negligence…
2Cases cited12 opinions
- Reaves v. MaybankSupreme Court of Alabama · 1915
- Louisville & Nashville Railroad v. ReeseSupreme Court of Alabama · 1888
- Smith Bros. v. Agee & Co.Supreme Court of Alabama · 1912
- Williams v. Anniston Electric & Gas Co.Supreme Court of Alabama · 1909
- Alabama Great Southern Railroad v. McAlpine & Co.Supreme Court of Alabama · 1882
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3Cited by12 opinions
- Fidelity-Phenix Fire Ins. Co. v. MurphySupreme Court of Alabama · 1933
- Self v. SelfSupreme Court of Alabama · 1925
- Shearin v. PizitzSupreme Court of Alabama · 1922
- Owen v. Southern Ry. Co.Supreme Court of Alabama · 1931
- Webb v. WebbSupreme Court of Alabama · 1955
7 more not listed; retrieve them via the Exa API.