Legal Opinion · Dissent

Southern Railway Co. v. Fitzpatrick

Supreme Court of Alabama

Decided June 30, 1915Published

Appeal from Morgan Law and Equity Court. Heard before Hon. Thomas W. Wert. Action by Newton Fitzpatrick against the Southern Railway Company for damages for the death of a cow. Judgment for plaintiff, and defendant appeals. Transferred from the Court of Appeals, under section 6, Act April 18, 1911 (Acts 1911, p. 449). The action was stated in four counts, and each declared for damages for killing a cow by running a train on, over, or against her.

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Appeal from Morgan Law and Equity Court. Heard before Hon. Thomas W. Wert. Action by Newton Fitzpatrick against the Southern Railway Company for damages for the death of a cow. Judgment for plaintiff, and defendant appeals. Transferred from the Court of Appeals, under section 6, Act April 18, 1911 (Acts 1911, p. 449). The action was stated in four counts, and each declared for damages for killing a cow by running a train on, over, or against her. The complaint was filed in the justice of the peace court in the city of New Decatur. Defendant filed the following special plea: Comes the…

1Dissent

MAYFIELD and THOMAS, JJ.

(Dissenting.)—The majority have overlooked the distinction between “jurisdiction” and “venue.” The local statute did not purport to deal with the question of venue; that is, with the particular court or precinct in which actions should be brought. It purported to deal only with the jurisdiction and authority of justices of the peace and constables in the two precincts named. Its only purposed object was to extend the territorial jurisdiction of justices of the peace and constables of the two precinct named. It did not authorize or attempt to authorize a plaintiff to…

2Cases cited1 opinion

  1. Horton v. ElliottSupreme Court of Alabama · 1890

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