Legal Opinion

Southern Railway Co. v. Blankenship

Alabama Court of Appeals

Decided June 3, 1915PublishedCited by 5 opinions

Appeal from Bibb Circuit Court. Heard before Hon. B. M. Miller. Action by A. L. Blankenship against the Southern Railway Company, for damages for killing a cow. Judgment for plaintiff and defendant appeals.

1Opinion of the CourtBrown, J.

The plaintiff adduced evidence showing that he owned a milch cow in 1912; that the cow was last seen alive near the railroad tracks between the middle of July and the 1st of August, 1912; that about three weeks thereafter the carcass of the cow was found buried on the right of way of the defendant’s railway in a cut near the end of the cross-ties; that her legs were all broken, and it looked like she had been stricken and run over by a train; that the defendant maintained a section crew, who went over this part of the road daily, and it was the duty of this crew to bury the carcasses of…

2Cases cited5 opinions

  1. Great Western Railroad v. BaconIllinois Supreme Court · 1863
  2. O'Rear v. Manchester Lumber Co.Alabama Court of Appeals · 1912
  3. Nashville C. & St. L. Ry. v. BinghamSupreme Court of Alabama · 1913
  4. Brown v. GreeganMississippi Supreme Court · 1913
  5. Southern Railway Co. v. HartmanAlabama Court of Appeals · 1915

3Cited by5 opinions

  1. Cochrane v. FullerAlabama Court of Appeals · 1919
  2. Hines v. HammondAlabama Court of Appeals · 1921
  3. Mobile & O. R. Co. v. Borden Coal Co.Alabama Court of Appeals · 1923
  4. Southern Ry. Co. v. HudsonAlabama Court of Appeals · 1917
  5. Thomas v. Southern Ry. Co.Mississippi Supreme Court · 1916

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