Alabama Great Southern Railroad v. McAlpine & Co.
Supreme Court of Alabama
Appeal from Greene Circuit Court. Tried before Hon. S. H. Sprott. This was an action by J. A. McAlpine & Co. against the Alabama Great Southern Railroad Company, a corporation operating a'railroad in this State, to recover damages for injuries alleged to have been done to a mare and mirle, the property of the plaintiffs, by the defendant’s locomotive and train of cars, through and by reason of negligence and want of care on the part of defendant’s agents in the management…
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Appeal from Greene Circuit Court. Tried before Hon. S. H. Sprott. This was an action by J. A. McAlpine & Co. against the Alabama Great Southern Railroad Company, a corporation operating a'railroad in this State, to recover damages for injuries alleged to have been done to a mare and mirle, the property of the plaintiffs, by the defendant’s locomotive and train of cars, through and by reason of negligence and want of care on the part of defendant’s agents in the management and running of said locomotive and train. The defendant pleaded (1) the general issue; (2) that at the times said mule and…
1Opinion of the CourtStone, J.
The present suit is for negligently killing a horse and mule by appellant’s trains. The killings were at different times, and are controlled by different testimony. While the killing was, in each ease, shown by plaintiff’s evidence with sufficient certainty to authorize the jury to find the fact of the killings, the circumstances attending them were shown alone by the witnesses for the defendant, railroad company. There was no material discrepancy in the testimony.
The rule governing the duty and liability of railroads is, that their employes must bestow on the service that degree of care and…
2Cases cited9 opinions
- Tanner's v. Louisville & Nashville RailroadSupreme Court of Alabama · 1877
- Alabama Great Southern Railroad v. JonesSupreme Court of Alabama · 1882
- Grey v. Mobile Trade Co.Supreme Court of Alabama · 1876
- South & North Alabama Railroad v. WilliamsSupreme Court of Alabama · 1880
- South & North Alabama Railroad v. JonesSupreme Court of Alabama · 1876
4 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Louisville & Nashville Railroad v. Marbury Lumber Co.Supreme Court of Alabama · 1899
- Atlanta & Birmingham A. L. Ry. v. BrownSupreme Court of Alabama · 1908
- Nashville, Chattanooga & St. Louis Railway Co. v. WadeTennessee Supreme Court · 1912
- Fulenwider v. RowanSupreme Court of Alabama · 1902
- Nashville, Chattanooga & St. Louis Railroad v. HembreeSupreme Court of Alabama · 1888
17 more not listed; retrieve them via the Exa API.