East Tenn., Va. & Ga. Railroad v. Bayliss
Supreme Court of Alabama
Appear from the Circuit Court of Lawrence. Tried before the Hon. H. C. Speakb. This action was brought by John ~W. Bayliss, to recover damages for the killing of a horse by the alleged negligence of the defendant’s servants, and was commenced on the 10th December, 1881. In the original summons and complaint the defendant was described as “ the Memphis & Charleston Railroad Company (East Tenn., Virginia & Georgia Railroad Company, lessee), corporation owned and operated in…
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Appear from the Circuit Court of Lawrence. Tried before the Hon. H. C. Speakb. This action was brought by John ~W. Bayliss, to recover damages for the killing of a horse by the alleged negligence of the defendant’s servants, and was commenced on the 10th December, 1881. In the original summons and complaint the defendant was described as “ the Memphis & Charleston Railroad Company (East Tenn., Virginia & Georgia Railroad Company, lessee), corporation owned and operated in the State of Alabama, under act of legislature of said Stateand the plaintiff’s attorney having made affidavit that the…
1Opinion of the CourtSomerville, J.
— In the case of the Mobile & Ohio R. R. Co. v. Williams, 53 Ala. 595, the question as to the burden of proof, in suits for injuries to stock by the cars and locomotives of railroad companies, is fully discussed;' and the rule is announced, that when the fact of the injury by the company, or its servants, is proved by the plaintiff, a prima facie- case exists, and the burden of proof is then on the railro-' company, which is sued as defendant, “ to acquit itself of negligence, or to show a compliance with the statute.” If the injury occurs at the places, and under the circumstances detailed…
2Cases cited12 opinions
- City Council of Montgomery v. WrightSupreme Court of Alabama · 1882
- South & North Alabama Railroad v. MorrisSupreme Court of Alabama · 1880
- Cook v. Central Railroad & Banking Co.Supreme Court of Alabama · 1880
- Mobile & Ohio Railroad v. WilliamsSupreme Court of Alabama · 1875
- South & North Alabama Railroad v. WilliamsSupreme Court of Alabama · 1880
7 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Coghill v. KennedySupreme Court of Alabama · 1898
- Kansas City, Memphis & Birmingham Railroad v. CrockerSupreme Court of Alabama · 1891
- Phœnix Insurance v. MoogSupreme Court of Alabama · 1884
- Carter v. ChambersSupreme Court of Alabama · 1885
- Western Union Telegraph Co. v. HendersonSupreme Court of Alabama · 1889
28 more not listed; retrieve them via the Exa API.