Blackman v. Sullivan
Supreme Court of Alabama
Appeal from Morgan County Court; W. T. Lowe, Judge. • ' Action -by S. P. Sullivan against W. T. Blackman for damages for the death of a cow, alleged to have been poisoned while being dipped. Transferred from Court of Appeals under section 6, p. 449, Gen. Acts 1911. Judgment for plaintiff, and defendant appeals.
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Appeal from Morgan County Court; W. T. Lowe, Judge. • ' Action -by S. P. Sullivan against W. T. Blackman for damages for the death of a cow, alleged to have been poisoned while being dipped. Transferred from Court of Appeals under section 6, p. 449, Gen. Acts 1911. Judgment for plaintiff, and defendant appeals. The facts did not support the complaint, and the defendant should have had verdict directed for him. 67 Ala. 1. There was sufficient evidence to take the case to the jury.
1Opinion of the CourtThomas, J.
The complainant claims damages, for that defendant was averred to have been in charge of a certain dipping vat as “tick inspector,” and in which the people in said county, including plaintiff, “were required to have their cattle dipped;” that plaintiff, as the owner of the cow described, on the day and date indicated, caused his cow to be taken to the vat in charge of said defendant, and the latter —
“caused the said cow to be dipped in said vat, and that he negligently allowed said cow to drink some of the fluid provided for dipping of cattle, and as a proximate consequence thereof, said cow…
2Cases cited2 opinions
- McMillan v. AikenSupreme Court of Alabama · 1920
- Louisville N. R. Co. v. FranksSupreme Court of Alabama · 1921