Kansas City, Memphis & Birmingham Railroad v. Childers
Supreme Court of Alabama
Appeal from the Circuit Court of Walker. Tried before the Hon. A. A. Coleman. This action was brought by the appellee against the appellant to recover damages for the alleged negligent killing of a cow. Issue was joined upon the plea of the general issue. The plaintiff proved the ownership of the cow killed. cited 16 Am. & Eng. Encv.
Read the full summary
Appeal from the Circuit Court of Walker. Tried before the Hon. A. A. Coleman. This action was brought by the appellee against the appellant to recover damages for the alleged negligent killing of a cow. Issue was joined upon the plea of the general issue. The plaintiff proved the ownership of the cow killed. cited 16 Am. & Eng. Encv. Law, 448,' § 13; A. G. 8. R. R. Go. v. Boyd, 124 Ala. 525. cited E. G. M. & B. R. R. Go. v. Watson, 91 Ala. 483; L. & N. R. R. Go. v. Gentry, 103 Ala. 635; L. & N. R. R. Go. v. Davis, 103 Ala. 661.
1Opinion of the CourtHaralson, J.
— The proof on the part of the plaintiff tended to show that the cow was killed by a train on defendant’s road running from east to west; that the track of the road east of where she was found was straight for at least a quarter of a mile, and that there was a curve in the road about two- hundred yards west of that point. If this was true, in view of the fact that persons running a train are charged with the duty of keeping a lookout for animals and using diligent efforts to avoid injuring them, the character of the road, at and on each side of the place of the accident, left it open to' the…
2Cases cited3 opinions
- Alabama Great Southern Railroad v. BoydSupreme Court of Alabama · 1899
- Louisville & Nashville Railroad v. DavisSupreme Court of Alabama · 1893
- Louisville & Nashville Railroad v. GentrySupreme Court of Alabama · 1893
3Cited by8 opinions
- Nichols v. StateSupreme Court of Alabama · 1964
- Gainer v. StateCourt of Criminal Appeals of Alabama · 1989
- McAdams v. StateCourt of Criminal Appeals of Alabama · 1979
- Peinhardt v. StateAlabama Court of Appeals · 1954
- Wallis v. StateCourt of Criminal Appeals of Alabama · 1973
3 more not listed; retrieve them via the Exa API.