Louisville & Nashville Railroad v. Cofer
Supreme Court of Alabama
Appeal from the Circuit Court of Cullman. Tried before the Hon. H. C. Speake. This was an action brought by the appellee, W. T. L. Cofer, against the Louisville & Nashville Railroad Company, to recover damages for the alleged negligent killing of cattle.
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Appeal from the Circuit Court of Cullman. Tried before the Hon. H. C. Speake. This was an action brought by the appellee, W. T. L. Cofer, against the Louisville & Nashville Railroad Company, to recover damages for the alleged negligent killing of cattle. In the first count of the complaint plaintiff claims of defendant $125 “for the killing of one cow, one steer, and one heifer, the property of plaintiff, which cow was killed on or about the 7th day of October, 1891, and said steer was killed on or about the- — -day of September, 1891,- and said heifer was killed on or about the-day of May,…
1Opinion of the CourtHead, J.
At common law counts for distinct and independent torts, of the same nature and upon all which the same judgment was to be given, could be joined in separate counts, in the same action. — 1 Chit. P1.T99, *493200. Section 2072 of the Code provides, that all actions on contracts, express or implied, for the payment of money, whether under seal or not, may be united in the same action. This statute was not intended to affect the rule above stated. At common law there were contracts for the payment of money, actions upon which could not be joined. Thus, assumpsit, covenant, debt, or account could…
2Cases cited1 opinion
- Highland Avenue & Belt Railroad v. DusenberrySupreme Court of Alabama · 1891
3Cited by23 opinions
- Louisville & Nashville Railroad v. LancasterSupreme Court of Alabama · 1898
- Louisville & Nashville R. R. v. AbernathySupreme Court of Alabama · 1916
- B'ham Ry. L. & P. Co. v. NicholasSupreme Court of Alabama · 1913
- Southern Railway Co. v. HanbySupreme Court of Alabama · 1910
- Sloss Sheffield Steel & Iron Co. v. MitchellSupreme Court of Alabama · 1909
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