Atlantic Coast Line Railroad Company v. Vise

PRICE, Judge.

E. E. Vise sued to recover damages for the killing of his fox hound by one of defendant’s trains. Judgment was rendered for plaintiff in the lower court and his damages assessed at $100. Defendant appeals.

The complaint stated a cause of action against defendant and was sufficiently specific as to the place of the injury. The demurrer was properly overruled. Louisville & N. R. Co. v. Watson, 208 Ala. 319, 94 So. 551; Southern R. Co. v. Harris, 207 Ala. 534, 93 So. 470.

Defendant pleaded the general issue, in short by consent.

The basis of defendant’s assignments of error 3, 4 and 5,…