Nashville C. & St. L. Ry. v. Bingham
Supreme Court of Alabama
Appeal from. Madison Circuit Court. Heard before Hon. A. H. Alston. Action by W. H. Bingbam against the Nashville, Chattanooga & St. Louis Railway for damages to stock. Judgment for plaintiff, and defendant appeals.
Read the full summary
Appeal from. Madison Circuit Court. Heard before Hon. A. H. Alston. Action by W. H. Bingbam against the Nashville, Chattanooga & St. Louis Railway for damages to stock. Judgment for plaintiff, and defendant appeals. Count 1 is as follows: “Plaintiff claims of defendant the sum of $400 damages for this, that on, to wit, the 27th day of March, 1911, defendant negligently ran its engine and train of cars operated on its railroad in this county, leading north from Huntsville, upon, over, or against plaintiff’s jack, wounding it and injuring it to such extent as to render it worthless and of no]…
1Opinion of the Court
de GRAFFENRIED, J.
This case was tried upon counts 1 and 3, and the reporter will set out those counts.
It is contended by appellant that the counts were demurrable because the place of the injury should have been stated with more definiteness and certainty than it is stated in said counts. Counts similar to those under discussion have been held by this court to be free from attack upon the stated ground of demurrer, and we see no reason why we should depart from those decisions.- — Southern Railway Co. v. Hoye, 141 Ala. 351, 37 South. 439.(1) All domestic' animals are presumed to possess some…
2Cases cited2 opinions
- Southern Railway Co. v. HogeSupreme Court of Alabama · 1904
- Mobile Light & Railway Co. v. DavisAlabama Court of Appeals · 1911
3Cited by10 opinions
- Mobile Light R. Co. v. NicholasSupreme Court of Alabama · 1936
- Central of Georgia Ry. Co. v. WilliamsSupreme Court of Alabama · 1917
- Bugg v. GreenSupreme Court of Alabama · 1926
- Owen v. Southern Ry. Co.Supreme Court of Alabama · 1931
- Larry Savage Chevrolet, Inc. v. RichardsSupreme Court of Alabama · 1985
5 more not listed; retrieve them via the Exa API.