Louisville & Nashville Railroad v. Solomon
Supreme Court of Alabama
Appeal from the-Circuit Court of Escambia. Tried before the Hon. Wm. S. Anderson. This was an action brought by the appellee, E. W. Solomon, against the Louisville & Nashville Railroad Company, to recover damages for the alleged negligent killing of a cow valued at $17. The suit was instituted in a justice of the peace court, and upon judgment being rendered for the plaintiff, fixing his damages at $15, an appeal was taken to the circuit court.
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Appeal from the-Circuit Court of Escambia. Tried before the Hon. Wm. S. Anderson. This was an action brought by the appellee, E. W. Solomon, against the Louisville & Nashville Railroad Company, to recover damages for the alleged negligent killing of a cow valued at $17. The suit was instituted in a justice of the peace court, and upon judgment being rendered for the plaintiff, fixing his damages at $15, an appeal was taken to the circuit court. The cause was tried by the court without the intervention of a jury. The recitals in the bill of exceptions as to the evidence introduced upon the…
1Opinion of the CourtTyson, J.
The re'cord shows that this case originated in a justice court, and was appealed to the circuit court. The amount involved being less than twenty dollars, it was there tried by the judge without the intervention of a jury. — Code, § 190.
The only exception shown to have been reserved was one to the judgment rendered. “The case should be strong and clear, to justify a reversal of the court’s finding on facts in a case like this. * * * His finding stands as a substitution for the verdict of a jury and should not be disturbed, except on the principles which govern courts at nisi prims, in setting…
2Cases cited1 opinion
- Dargan v. HarrisSupreme Court of Alabama · 1880
3Cited by5 opinions
- Union Mut. Aid Ass'n v. CarrowaySupreme Court of Alabama · 1918
- Shafer & Co. v. HausmanSupreme Court of Alabama · 1903
- Robinson v. CowanSupreme Court of Alabama · 1908
- Danal v. StateAlabama Court of Appeals · 1916
- Glenn Refining Co. v. WebsterAlabama Court of Appeals · 1912