Southern Railway Co. v. Riddle
Supreme Court of Alabama
Appeal from the Circuit Court of Jackson. Tried before the Hon. J. A. Bilbko. . The appellee, J. S. Riddle, brought the present action against the Southern Railway Company, to recover damages for the alleged negligent killing of a cow, the property of tbe plaintiff, by being run over by a train operated on the defendant’s road. The cause was tried upon issue joined on the plea of not guilty.
Read the full summary
Appeal from the Circuit Court of Jackson. Tried before the Hon. J. A. Bilbko. . The appellee, J. S. Riddle, brought the present action against the Southern Railway Company, to recover damages for the alleged negligent killing of a cow, the property of tbe plaintiff, by being run over by a train operated on the defendant’s road. The cause was tried upon issue joined on the plea of not guilty. The plaintiff introduced evidence tending to show that the cow was killed by a train, operated by the defendant on its railroad. None of the witnesses examined in behalf of the plaintiff saw the accident…
1Opinion of the CourtDowdell, J.
There was a material conflict in the evidence as to the place at which the cow was killed. The evidence on the part of the defendant being that the cow was killed at the elbow in the curve of the road, where the cow could not be seen by the engineer until it was too late to avert the injury by preventive effort on the part of defendant’s agent; the evidence of plaintiff tended to show that the cow was struck one hundred yards above the curve. This had its bearing, upon the testimony of defendant’s engineer and fireman as to facts testified to by these two witnesses as to the exercise of due…
2Cases cited3 opinions
- Prince v. StateSupreme Court of Alabama · 1893
- Moore v. HeinekeSupreme Court of Alabama · 1898
- Torrey v. BurneySupreme Court of Alabama · 1896
3Cited by10 opinions
- Southern Railway Co. v. HobbsSupreme Court of Alabama · 1907
- McBride v. SullivanSupreme Court of Alabama · 1908
- Southern Railway Co. v. Kendall & Co.Alabama Court of Appeals · 1915
- Loveman v. Birmingham Ry. L. & P. Co.Supreme Court of Alabama · 1907
- Jones v. MullinSupreme Court of Alabama · 1949
5 more not listed; retrieve them via the Exa API.