Atlanta & St. Andrews Bay Railway Co. v. Fowler
Supreme Court of Alabama
Appeal from. Houston Circuit Court. Heard before Hon. H. A. Pearce. Action by Richard C. Fowler against the Atlanta & St. Andrews Bay Railway Company, for the statutory penalty for failing to put in cattle guards after written demand. Judgment for plaintiff, and defendant appeals.
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Appeal from. Houston Circuit Court. Heard before Hon. H. A. Pearce. Action by Richard C. Fowler against the Atlanta & St. Andrews Bay Railway Company, for the statutory penalty for failing to put in cattle guards after written demand. Judgment for plaintiff, and defendant appeals. Transferred from Court of Appeals under section 6, Act of April 18, 1911 (Gen. Acts 1911, p. 450). The complaint is as follows: Plaintiff claims of defendant the sum of $150 as damages for that on or about February 15, 1912, plaintiff was the owner or in possession of the following lands, * * * and that the railroad…
1Opinion of the CourtThomas, J.
The suit is for the recovery of the statutory penalty for failing, after written notice, to put in cattle guards to prevent the depredation of stock on lands.(1) 1. The statute under which this action is brought is section 5513 of the Code of 1907, and has been many times passed upon by this court. The section is a codification of the act of the Legislature of December 11, 1886 (Acts 1886-87, p. 163), and is as follows: “Every person or corporation operating a railroad must put cattle guards and crossings for plantation roads upon such railroad, and keep the same in good repair, whenever the…
2Cases cited18 opinions
- Atlanta & Birmingham A. L. Ry. v. BrownSupreme Court of Alabama · 1908
- Sharp v. StateSupreme Court of Alabama · 1915
- Planters' & Merchants' Bank of Mobile v. BorlandSupreme Court of Alabama · 1843
- Dowling v. StateSupreme Court of Alabama · 1907
- Hudson v. StateSupreme Court of Alabama · 1902
13 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Southern States Fire Ins. v. KronenbergSupreme Court of Alabama · 1917
- Harrison v. BakerSupreme Court of Alabama · 1954
- Manson v. StateCourt of Criminal Appeals of Alabama · 1977
- Butler v. WaltonAlabama Court of Appeals · 1951
- Dorroh v. Jefferson CountySupreme Court of Alabama · 1956
11 more not listed; retrieve them via the Exa API.