Highland Ave. & Belt R. R. v. Maddox
Supreme Court of Alabama
Appeal from Birmingham City Court. Tried before the Hon. H. A. Sharpe. This was an action brought by Matthew F. Maddox against the Highland Avenue & Belt Bailroad Company, to recover damages for injuries to his horse and wagon, by a collision with the dummy engine on the line of defendant’s road, alleged to have been caused by the negligence of the servants of the defendant. There was judgment for plaintiff and defendant appeals.
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Appeal from Birmingham City Court. Tried before the Hon. H. A. Sharpe. This was an action brought by Matthew F. Maddox against the Highland Avenue & Belt Bailroad Company, to recover damages for injuries to his horse and wagon, by a collision with the dummy engine on the line of defendant’s road, alleged to have been caused by the negligence of the servants of the defendant. There was judgment for plaintiff and defendant appeals. The facts of the case as shown in the testimony are sufficiently stated in the opinion of the court. The defendant requested the court to give the following charges,…
1Opinion of the CourtHaralson, J.
The evidence of Maddox, the only witness examined for the plaintiff, shows, that he was the driver of the delivery wagon, at the time it and the horse attached to it, were injured; that the accident occurred on 10th July, 1890, at 7 o’clock in the morning ; that the place *620of the accident was where Avenue C crosses 27th street, in their extensions, just outside the limits of the city of Birmingham; that he entered Avenue C to the east of 27th street, and drove in a tr'ot, west, towards 27th street, where the road he was travelling crossed said street and the railroad track, which latter ran…
2Cases cited3 opinions
- Ga. Pacific Railway Co. v. LeeSupreme Court of Alabama · 1890
- Ensley Railway Co. v. ChewningSupreme Court of Alabama · 1890
- East Tenn., Va. & Ga. Railway Co. v. KornegaySupreme Court of Alabama · 1890
3Cited by7 opinions
- Alabama Great Southern Railroad v. McWhorterSupreme Court of Alabama · 1908
- Crosman v. Southern Pacific Co.Nevada Supreme Court · 1921
- Lewman & Co. v. AndrewsSupreme Court of Alabama · 1900
- Maise v. City of GadsdenSupreme Court of Alabama · 1936
- Payne v. RoySupreme Court of Alabama · 1921
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