Southern Railway Co. v. Blankenship
Supreme Court of Alabama
Certiorari to Court of Appeals. Action by A. L. Blankenship against the Southern Railway Company. Judgment for plaintiff, and on appeal to the Court of Appeals the judgment was affirmed, and defendant brings certiorari to review such judgment.
1Opinion of the Court
SAYRE, J.—(1) Blankenship’s cow was killed by a train operated over defendant’s [petitioner’s] railroad. Defendant, while continuing to operate its own trains over the road, had given the Louisville & Nashville Bail-road Company the privilege of operating a limited number of trains over that part of it which included the place where plaintiff’s cow was killed. Nobody knew whether the cow had been killed by one of defendant’s trains or by one of those operated by the Louisville & Nashville Company, nor were any circumstances, apart from the mere ownership of the track, given in evidence to…
2Cases cited3 opinions
- Great Western Railroad v. BaconIllinois Supreme Court · 1863
- Chicago & Grand Trunk Railway Co. v. HartIllinois Supreme Court · 1904
- Central of Georgia Railway Co. v. WoodSupreme Court of Alabama · 1900
3Cited by3 opinions
- Hines v. HammondAlabama Court of Appeals · 1921
- Louisville Nashville Railroad Company v. CoxCourt of Civil Appeals of Alabama · 1970
- Southern Ry. Co. v. HudsonAlabama Court of Appeals · 1917