Central of Ga. Ry. Co. v. Turner
Supreme Court of Alabama
Appeal from Barbour Circuit Court. Heard before Hon. A. A. Evans. This was an action by appelle to recover of appellant the value of a cow killed by defendant’s train. The evidence of plaintiff made out a prima facie case under the statute.
Read the full summary
Appeal from Barbour Circuit Court. Heard before Hon. A. A. Evans. This was an action by appelle to recover of appellant the value of a cow killed by defendant’s train. The evidence of plaintiff made out a prima facie case under the statute. The engineer of the defendant testified that the train was a passenger train, and that said train and engine were thoroughly equipped with the latest appliances for stopping a train; that it had a first-class headlight which was burning at the time the engine struck the cow, and that all parts of the train were in good running order and it was being…
1Opinion of the CourtTyson, J.
The cow was killed near a public road crossing by the passenger train of defendant running against her and knocking her from the track. This made out a prima facie case for plaintiff, and imposed upon defendant the burden of acquitting itself of negligence. — Code 1896, §§ 3440, 3443 ; So. Ry. Co. v. Reaves, 129 Ala. 457, 29 South. 594 ; A. G. S. Ry. Co. v. Boyd, 124 Ala. 525, 27 South. 408. Under the' testimony it is clear that the affirmative charge, requested by defendant, was properly refused. — L. & N. R. R. Co. v. Cochran, 105 Ala. 354, 16 South. 797. Neither of the other charges…
2Cases cited4 opinions
- Alabama Great Southern Railroad v. BoydSupreme Court of Alabama · 1899
- Louisville & Nashville Railroad v. CochranSupreme Court of Alabama · 1894
- Central of Georgia Railway Co. v. StarkSupreme Court of Alabama · 1899
- Southern Railway Co. v. ReavesSupreme Court of Alabama · 1900
3Cited by5 opinions
- Central of Ga. Ry. Co. v. BristerSupreme Court of Alabama · 1906
- Southern Ry. Co. v. PogueSupreme Court of Alabama · 1906
- Alabama Great Southern R. Co. v. MimsSupreme Court of Alabama · 1922
- Central of Georgia Ry. Co. v. VaughanSupreme Court of Alabama · 1922
- First Bank v. Mayfield Woolen MillsSupreme Court of Alabama · 1906