Tennessee, A. G. R. Co. v. Daniel
Supreme Court of Alabama
Appeal from Circuit Court, Cherokee County; W. W. Haralson, Judge. Action by John M. Daniel against the Tennessee, Alabama & Georgia Railroad Oompiany. Judgment for plaintiff, and defendant appeals.
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Appeal from Circuit Court, Cherokee County; W. W. Haralson, Judge. Action by John M. Daniel against the Tennessee, Alabama & Georgia Railroad Oompiany. Judgment for plaintiff, and defendant appeals. Transferred from the Court of Appeals under section 6, Act April 18, 1911, p. 450. The following are the charges refused to defendant: (2) The court charges the jury that the mere fact that plaintiff’s dog* was injured carries with it no presumption of negligence on the part of defendant’s servants or agents. (3) The court charges the jury that the same degree of care on the part of an engineer…
1Opinion of the CourtThomas, J.
The action was for damages for an alleged negligent injury to appellee’s dog. The gravamen of the complaint is that:
“While running one of its said trains of cars through said Cherokee county, Ala., the defendant, its agent or servant, acting within the scope of their authority, did negligently run its said train of cars over, upon, or against the fox dog of the plaintiff, breaking or cutting' off its foot or leg, thereby permanently disabling the said dog, to the damage of the plaintiff,” etc.
The complaint stated only one cause of action, and was not subject to the grounds of demurrer…
2Cases cited21 opinions
- Amerson v. Corona Coal & Iron Co.Supreme Court of Alabama · 1915
- East Tenn., Va. & Ga. Railroad v. WatsonSupreme Court of Alabama · 1890
- Western Railway Co. v. LazarusSupreme Court of Alabama · 1889
- Moore v. Electric Co.Supreme Court of North Carolina · 1904
- Appel v. Selma Street & Suburban Railway Co.Supreme Court of Alabama · 1912
16 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Southern Ry. Co. v. HarrisSupreme Court of Alabama · 1922
- Louisville N. R. Co. v. WatsonSupreme Court of Alabama · 1922
- Owen v. Southern Ry. Co.Supreme Court of Alabama · 1931
- Alabama Great Southern R. Co. v. SheffieldSupreme Court of Alabama · 1924
- Hines v. SchrimscherSupreme Court of Alabama · 1921
1 more not listed; retrieve them via the Exa API.