Savannah & Western Railroad v. Jarvis
Supreme Court of Alabama
Appeal from the Circuit Court of Tallapoosa. Tried before the Hou. J. B. Dowdell. This action was brought by M. P. Jarvis against the appellant railroad corporation, to recover damages for killing a cow belonging to plaintiff.
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Appeal from the Circuit Court of Tallapoosa. Tried before the Hou. J. B. Dowdell. This action was brought by M. P. Jarvis against the appellant railroad corporation, to recover damages for killing a cow belonging to plaintiff. On tbe trial, the evidence showed that the cow was run over and killed by a loaded freight train, which was running at the rate of twenty miles an.hour; that the animal was carried by the engine thirty or forty feet, and thrown off in a deep cut; and that the place at which this occurred was not in any town or village, nor near a public road crossing. A witness for the…
1Opinion of the CourtOlopton, J.
Tbe statutes provide tbat tbe engineer, on perceiving any obstruction on the track of a railroad company, must use all the means witbin bis power known to skillful engineers, sueb as applying brakes and reversing engine, in order to stop tbe train; and also, wben stock is killed or injured, tbe burden of proof is on tbe company to show a compliance with this statutory requirement. — Code, §§ 1144, 1147. Tbe duty, however, to apply tbe brakes and reverse tbe engine does not arise, unless tbe obstruction is on tbe track, and perceived by the engineer.- — East Tenn., Va. & Ga. R. R. Co. v.…
2Cases cited3 opinions
- East Tenn., Va. & Ga. Railroad v. DeaverSupreme Court of Alabama · 1885
- Nashville, Chattanooga & St. Louis Railroad v. HembreeSupreme Court of Alabama · 1888
- Ala. Great Southern Railroad v. McAlpine & Co.Supreme Court of Alabama · 1885
3Cited by3 opinions
- Central of Ga. Ry. Co. v. BristerSupreme Court of Alabama · 1906
- Louisville & Nashville Railroad v. GentrySupreme Court of Alabama · 1893
- Southern Ry. Co. v. MontgomerySupreme Court of Alabama · 1934