Highland Ave. & Belt Railroad v. Sampson
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This action was brought by Goode Sampson, against the appellant corporation, to recover damages for the loss of his mule, which was killed, and injuries to his wagon atjdhe same time, caused by a collision with an engine and train of cars on the defendant’s track, at the intersection of two streets in the city of Birmingham, on the 25th November, 1888; and was commenced on the 3d December, 1888.…
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Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This action was brought by Goode Sampson, against the appellant corporation, to recover damages for the loss of his mule, which was killed, and injuries to his wagon atjdhe same time, caused by a collision with an engine and train of cars on the defendant’s track, at the intersection of two streets in the city of Birmingham, on the 25th November, 1888; and was commenced on the 3d December, 1888. The record does not state that the accident occurred at night, but the evidence was conflicting as to whether or not the…
1Opinion of the CourtColeman, J.
Appellee sued defendant to recover damages for killing his mule, and injuring his wagon, alleged to have been done by the wrong and negligence of the employés of defendant corporation, while operating its engine and cars over its track in the city of Birmingham.
The general principles of law to be applied to the evidence of this case, as they successively arise, are as follows: (1.) If the injury sustained by plaintiff resulted as the natural consequence of any wrong or negligence of the defendant, then plaintiff, upon such proof alone, is entitled to recover. (2.) That though defendant may…
2Cases cited3 opinions
- Frazer v. South & North Ala. R. R.Supreme Court of Alabama · 1886
- Louisville & Nashville Railroad v. WebbSupreme Court of Alabama · 1890
- Louisville & Nashville R. R. v. CrawfordSupreme Court of Alabama · 1889
3Cited by23 opinions
- Birmingham Railway, Light & Power Co. v. DrennenSupreme Court of Alabama · 1911
- Ga. Pacific Railway Co. v. LeeSupreme Court of Alabama · 1890
- Memphis & Charleston Railroad v. MartinSupreme Court of Alabama · 1897
- Louisville & Nashville Railroad v. MarkeeSupreme Court of Alabama · 1893
- Birmingham Railway & Electric Co. v. BowersSupreme Court of Alabama · 1895
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