Montgomery Light & Traction Co. v. Woods
Supreme Court of Alabama
Appeal from Montgomery Circuit Court. Heard before Hon. W. W. Pearson. Action by W. D. Woods against the Montgomery Light & Traction Company for damages for killing a calf. Judgment for defendant and plaintiff appeals. Transferred from Court of Appeals under the act creating said court.
1Opinion of the Court
McCLELLAN, J.—(1) The appellee was accorded a judgment against the appellant, a street railway company, for damages for negligently causing the death of appellee’s calf. Since the statutes affecting the burden of proof in cases where animals are injured or killed by locomotives or cars operated-on railroads in this state *330have no application to street railways (Appel v. Selma Ry. Co., 177 Ala. 457, 59 South. 164), the unqualified burden of proof, unaided by any presumption, was on the plaintiff to affirmatively show negligence on the part of the defendant’s servants as the proximate cause of…
2Cases cited2 opinions
- Appel v. Selma Street & Suburban Railway Co.Supreme Court of Alabama · 1912
- Mobile Light & Railway Co. v. McKaySupreme Court of Alabama · 1909
3Cited by5 opinions
- Owensboro Wagon Co. v. Benton Mercantile Co.Supreme Court of Alabama · 1920
- Gus Mayer Co. v. Louisville N. R. Co.Supreme Court of Alabama · 1934
- Jefferson County v. BusbyAlabama Court of Appeals · 1933
- Owensboro Wagon Co. v. Benton Mercantile Co.Supreme Court of Alabama · 1920
- Wilkerson v. RushtonAlabama Court of Appeals · 1920