Southern Ry. Co. v. Freeman
Alabama Court of Appeals
Appeal from Circuit ■ Court, Talladega County; Marion Sims, Judge. Action by R. F. Freeman against the Southern Railway Company for damages for killing a cow. Judgment for plaintiff, and defendant appeals.
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Appeal from Circuit ■ Court, Talladega County; Marion Sims, Judge. Action by R. F. Freeman against the Southern Railway Company for damages for killing a cow. Judgment for plaintiff, and defendant appeals. The pleas were in effect, with the exception of the third plea, that the cow came upon the track suddenly, at or near the train that killed her, and in such close proximity to the train that it could not be stopped by the application of the means of stopping a train, all of which were at hand and skillfully applied by the engineer and the fireman, each of whom were keeping a lookout ahead…
1Opinion of the CourtBricken, J.
This was an action to recover damages for the killing by defendant of plaintiff’s cow. This cause is submitted upon the mérits and also upon a motion to strike the bill of exceptions.
[1] The motion to strike the bill of. exceptions must be overruled. There is incorporated in the bill of exceptions, and at the end thereof, an agreement, by counsel representing respectively the appellant and appellee, that the bill of exceptions is correct, and that it might be established without further proof. This dispensed with the formalities required by the act of the Legislature found in the General Acts…
2Cases cited2 opinions
- Barnes v. MarshallSupreme Court of Alabama · 1915
- Louisville & Nashville R. R. v. DavisSupreme Court of Alabama · 1916
3Cited by1 opinion
- Hurt v. Atlanta, B. & A. Ry. Co.Alabama Court of Appeals · 1919