Southern Railway Co. v. Hobson
Alabama Court of Appeals
Appeal from Perry Circuit Court. Heard before Hou. B. M. Miller. Action by Mack Hobson against the Southern Railway Company. From a judgment for plaintiff, defendant appeals. The complaint is as follows: “Plaintiff claims of defendant the sum of $250, for that on or about March 3, 1910, defendant negligently caused a mare, the property of the plaintiff to run into a trestle on defendant’s railroad, and thereby injured it so that it died.”
Read the full summary
Appeal from Perry Circuit Court. Heard before Hou. B. M. Miller. Action by Mack Hobson against the Southern Railway Company. From a judgment for plaintiff, defendant appeals. The complaint is as follows: “Plaintiff claims of defendant the sum of $250, for that on or about March 3, 1910, defendant negligently caused a mare, the property of the plaintiff to run into a trestle on defendant’s railroad, and thereby injured it so that it died.” The demurrers raised the proposition that the allegation of negligence is a mere conclusion, that it is too vague, uncertain, and indefinite, and that the…
1Opinion of the Court
de GRAFFENRIED, J.
“In all cases for injuries ex delicto to the person or to personal property, the venue is in general transitory and may he laid in any county, though committed out of the jurisdiction of our courts or of the queen’s dominions. Thus, action for assaults, batteries and false imprisonments; and for words and libels; even for setting up a defamatory mark • on the plaintiff’s house, denoting that it was a house of ill fame, being a personal injury to plaintiff’s character, and not considered as an injury to the building; and for taking away and injuring personal property; and for…
2Cases cited10 opinions
- Western Union Telegraph Co. v. BensonSupreme Court of Alabama · 1908
- Western Steel Car & Foundry Co. v. CunninghamSupreme Court of Alabama · 1908
- Vandiver & Co. v. WallerSupreme Court of Alabama · 1904
- Heningburg v. StateSupreme Court of Alabama · 1907
- Atlanta & Birmingham Air Line Railway v. WheelerSupreme Court of Alabama · 1908
5 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Watts v. StateAlabama Court of Appeals · 1913
- Hatcher v. Southern Railway Co.Supreme Court of Alabama · 1915
- Western Union Telegraph Company v. Morrison.Alabama Court of Appeals · 1917
- Atlanta, B. A. Ry. Co. v. BallardSupreme Court of Alabama · 1919