Atlanta, B. & A. Ry. Co. v. McGill
Supreme Court of Alabama
Appeal from Randolph Circuit Court. Heard before H'ou. S. L. Brewer. Action by J. P. McGill against the Atlanta, Birmingham & Atlantic Railroad Company, and another, for damages for killing and injuring personal property. Judgment for plaintiff and defendant appeals. The complaint imported a suit against Atkinson individually, and not against him as receiver. — Bryant v. So.
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Appeal from Randolph Circuit Court. Heard before H'ou. S. L. Brewer. Action by J. P. McGill against the Atlanta, Birmingham & Atlantic Railroad Company, and another, for damages for killing and injuring personal property. Judgment for plaintiff and defendant appeals. The complaint imported a suit against Atkinson individually, and not against him as receiver. — Bryant v. So. Ry., 1ST Ala. 491; Lucas v. Pittman, 94 Ala. 616; Lowery v. Daniel, 98 Ala. 451. Thus the case stands as a joint action against Atkinson and the railroad, and the judgment cannot stand.— Watts v. A. B. & A. in MSS; 2…
1Opinion of the CourtMayfield, J.
— This action was by the appellee, against the appellants, to recover damages for the killing of two horses and the destruction of one surrey, to which the horses were attached. The case was tried on the general issue, and resulted in a judgment in favor of plaintiff and against both defendants.
There was no evidence whatever to connect the defendant Atkinson, either as an individual or as receiver with the injury. There was no evidence to show how or by whom the railroad was being operated at the time of the injury, or at any other time. If Atkinson had been sued as receiver, it might have…
2Cases cited1 opinion
- McGhee v. CashinSupreme Court of Alabama · 1900
3Cited by3 opinions
- Stephens v. WalkerSupreme Court of Alabama · 1928
- Jack Cole Co. v. HaysSupreme Court of Alabama · 1967
- Atlanta, B. & A. Railway Co. v. McGillSupreme Court of Alabama · 1915