Illinois Central Railroad v. Bottoms
Alabama Court of Appeals
Appeal from Franklin Circuit Court. Heard before Hon. C. P. Almon. Action by T. H. Bottoms against the Illinois Central Railroad Company for damages for killing a mule. Judgment for plaintiff, and defendant appeals.
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Appeal from Franklin Circuit Court. Heard before Hon. C. P. Almon. Action by T. H. Bottoms against the Illinois Central Railroad Company for damages for killing a mule. Judgment for plaintiff, and defendant appeals. The amended count is as follows: “The plaintiff claims of the defendant the sum of $200, for that the defendant had control of and operated a railroad and train of engines and cars thereon at or near Vina, Ala., in Franklin county, and on, to wit, in February, 1908, the defendant negligently run or operated one of its said trains against a mule belonging to plaintiff, and as a…
1Opinion of the CourtWalker, P. J.
Under the first count of the amended complaint, upon which alone the case went to the jury, the plaintiff did not assume the burden of proving actual participation by the defendant corporation itself in killing plaintiff's mule. The averment is that the defendant negligently ran or operated the train. Such an averment does not imply intentional causation, and may be supported by proof of negligence which is attributable to the defendant.—City Delivery Co. v. Henry, 139 Ala. 161, 166, 34 South. 389.
An averment of negligence on the part of a defendant corporation may be supported by proof of…
2Cases cited5 opinions
- City Delivery Co. v. HenrySupreme Court of Alabama · 1903
- Kansas City M. & B. R. R. v. PhillipsSupreme Court of Alabama · 1893
- Kansas City, M. & B. R. R. v. SandersSupreme Court of Alabama · 1893
- Western Ry. v. McPhersonSupreme Court of Alabama · 1906
- Alabama Great Southern Railroad v. BoydSupreme Court of Alabama · 1899
3Cited by5 opinions
- O'Rear v. Manchester Lumber Co.Alabama Court of Appeals · 1912
- Louisville N. R. Co. v. HaywardSupreme Court of Alabama · 1917
- Northern Ala. Ry. Co. v. WhiteAlabama Court of Appeals · 1915
- Southern Ry. Co. v. OsborneAlabama Court of Appeals · 1917
- Louisville Nashville Railroad Company v. CoxCourt of Civil Appeals of Alabama · 1970