Georgia Pacific Railroad v. Fullerton
Supreme Court of Alabama
Appeal from the Circuit Court of Fayette. Tried before the TIon. S. H. Sprott, This action was brought by John M. Fullerton against the appellant, a corporation doing business in this State, to recover damages for the loss of a cow, which was alleged to have been killed by the negligence of the defendant’s servants; and was commenced in a justice’s court, on the 24th January, 1885. In the Circuit Court, on appeal, a trial was had on issue joined on the pleas of not guilty,…
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Appeal from the Circuit Court of Fayette. Tried before the TIon. S. H. Sprott, This action was brought by John M. Fullerton against the appellant, a corporation doing business in this State, to recover damages for the loss of a cow, which was alleged to have been killed by the negligence of the defendant’s servants; and was commenced in a justice’s court, on the 24th January, 1885. In the Circuit Court, on appeal, a trial was had on issue joined on the pleas of not guilty, set-off, and recoupment. The bill of exceptions purports to set out “substantially all the evidence” in the case. “The…
1Opinion of the CourtSomeryille, J.
The point most pressed on us in this case relates to the proper measure of damages where live stock or cattle belonging to the plaintiff has been negligently killed by the locomotive or cars of a defendant railroad company. There would be no room for argument about the matter, if section 1704, of'the Code of 1876, was unrepealed and still in force; for the measure of damages there declared is the value of the stock if killed, and the damage thereto if injured. But sections 1704 to 1709 of the Code appear to have been super-ceded and repealed by the act of February 3, 1877, now embodied in…
2Cases cited9 opinions
- Zeigler v. South & North Ala. R. R.Supreme Court of Alabama · 1877
- South & North Alabama Railroad v. MorrisSupreme Court of Alabama · 1880
- Alabama Great Southern Railroad v. McAlpine & Co.Supreme Court of Alabama · 1883
- Roberts v. Richmond & Danville RailroadSupreme Court of North Carolina · 1883
- Dean v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1877
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Fell v. Union Pac. Ry. Co.Utah Supreme Court · 1907
- Atlanta & Birmingham A. L. Ry. v. BrownSupreme Court of Alabama · 1908
- Werten v. K. B. Koosa & Co.Supreme Court of Alabama · 1910
- Byars v. JamesSupreme Court of Alabama · 1922
- New York, Chicago & St. Louis Railroad v. ZumbaughIndiana Court of Appeals · 1895
5 more not listed; retrieve them via the Exa API.