Thomas v. Southern Ry. Co.
Mississippi Supreme Court
Appeal from the circuit court of Tishomingo county. HoN. Claude ClaytoN, Judge. Suit by J. "W. Thomas against the Southern Railway Company. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court.
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Appeal from the circuit court of Tishomingo county. HoN. Claude ClaytoN, Judge. Suit by J. "W. Thomas against the Southern Railway Company. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. It is not disputed that the cow of the appellant was found on the right-of-way of the appellee about fifteen feet from the track on the morning of the 6th or 7th of January, 1915. It is not disputed that at the time that the said animal was found that both her horns were broken off, both her hind legs were’ broken and the cow otherwise bruised. It is…
1Opinion of the CourtEthridge, J.
J. W. Thomas filed suit against the Southern Railway Company in the circuit court of Tishomingo county for killing a cow belonging to the plaintiff, valued at sixty dollars. The proof for the plaintiff showed that the cow was killed by the train of the railroad company just across the line of Alabama, and the law of Alabama covers the liability in this case. The proof showed that the cow had her horn knocked off, her hind legs broken, was otherwise bruised, and was found by the railroad track in this condition; that she was buried by the section crew of the railroad company. There were no…
2Cases cited2 opinions
- Southern Ry. Co. v. ParkesAlabama Court of Appeals · 1914
- Southern Railway Co. v. BlankenshipAlabama Court of Appeals · 1915