Garth v. Nashville, Chattanooga & St. Louis Ry.
Supreme Court of Alabama
Appeal from Madison Circuit Court. Heard before Hon. D. W. Speake. Action by Winston F. Garth against the Nashville, Chattanooga & St. Louis Railway, for damages for the injury and death of certain horses alleged to have been caused by negligent operation of defendant’s train in frightening said animals and causing them to run on a trestle. Judgment for defendant and plaintiff appeals.
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Appeal from Madison Circuit Court. Heard before Hon. D. W. Speake. Action by Winston F. Garth against the Nashville, Chattanooga & St. Louis Railway, for damages for the injury and death of certain horses alleged to have been caused by negligent operation of defendant’s train in frightening said animals and causing them to run on a trestle. Judgment for defendant and plaintiff appeals. For the former appeals in this case, see 155 Ala. 311, and 57 South. 640. In the last appeal the court held that defendant was entitled to the affirmative charge. Our contention is that § 5473 applies to cases…
1Opinion of the Court
MAYFIELD, J. —
Appellant seeks to recover damages for injuries to some colts which ran into a trestle on appellee’s railroad. This is the third appeal. See former reports of same case.—155 Ala. 311, 46 South. 583; 179 Ala. 162, 59 South. 640, 46 L. R. A. (N. S.) 430, and extended note. .The issues and the facts are fully set forth in these reports of the former appeals.
It was ruled on former appeals, after a full and fair consideration of all of the evidence, that the general affirmative charge should have given for the defendant.
The original counts proceeded upon the theory that the colts…
2Cases cited3 opinions
- Nashville, C. & St. L. Ry. Co. v. GarthSupreme Court of Alabama · 1912
- Oxford Lake Line Co. v. StedhamSupreme Court of Alabama · 1893
- Nashville C. & St. L. Ry. Co. v. GarthSupreme Court of Alabama · 1908
3Cited by5 opinions
- Central of Georgia Ry. Co. v. MooreSupreme Court of Alabama · 1917
- Northern Alabama Ry. Co. v. Foster, Creighton, Gould Co.Supreme Court of Alabama · 1917
- Louisville & Nashville R. R. v. DavisSupreme Court of Alabama · 1916
- Atlanta, B. A. Ry. Co. v. BallardSupreme Court of Alabama · 1919
- Alabama Great Southern R. Co. v. HalladaySupreme Court of Alabama · 1918