Alabama Great Southern Railroad v. McDaniel
Supreme Court of Alabama
Appeal from Bessemer City Court. Heard before Hon. J. C. B. Gwin. Action by Ida May McDaniel against the Alabama Great Southern Railway Company, for damages for killing a cow. Judgment for plaintiff, and defendant appeals. Transferred from the Court of Appeals under Acts 1911,‘p. 449, § 6. The facts sufficiently appear from the opinion of the court, as do the pleadings. The following charges were refused to defendant: (1) Affirmative charge.
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Appeal from Bessemer City Court. Heard before Hon. J. C. B. Gwin. Action by Ida May McDaniel against the Alabama Great Southern Railway Company, for damages for killing a cow. Judgment for plaintiff, and defendant appeals. Transferred from the Court of Appeals under Acts 1911,‘p. 449, § 6. The facts sufficiently appear from the opinion of the court, as do the pleadings. The following charges were refused to defendant: (1) Affirmative charge. (2) Same as to first count of the complaint. (3) Same as to the second count of the complaint. “(4) If you believe all the evidence in this case, it was…
1Opinion of the CourtThomas, J.
This is a suit by appellee for damages for the killing of her cow by appellant’s locomotive engine at Ninth street crossing in the city of Bessemer.(1) The amended complaint contains two counts. Tn answer to each count the appellant pleaded the general issue and special plea numbered 2. To the special plea demurrer was sustained. Plea numbered 2 is as follows: “Further answering said complaint, this defendant says that the cow for the death of which the plaintiff sues was in charge of a herder whose duty it was to take care of said cow and see that she was not injured; that said herder was…
2Cases cited25 opinions
- Goodwin v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1881
- Elyton Land Co. v. MingeaSupreme Court of Alabama · 1889
- Gothard v. Alabama Great Southern R. R.Supreme Court of Alabama · 1880
- Birmingham Mineral R. R. v. HarrisSupreme Court of Alabama · 1893
- Louisville & Nashville Railroad v. WebbSupreme Court of Alabama · 1890
20 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Ray v. BrannanSupreme Court of Alabama · 1916
- Southern Ry. Co. v. CatesSupreme Court of Alabama · 1924
- Alabama Great Southern R. Co. v. SmithSupreme Court of Alabama · 1923
- Alabama Power Co. v. LewisSupreme Court of Alabama · 1932
- Hines v. SchrimscherSupreme Court of Alabama · 1921
2 more not listed; retrieve them via the Exa API.