Seaboard Air Line Ry. Co. v. Roy
Alabama Court of Appeals
Appeal from Montgomery City Court. Heard before Hon. Gaston Gunter. Action by J. D. Roy against the Seaboard Air Line Railroad Company for damages for killing a mule. Judgment for defendant, which on motion of plaintiff, was set aside and new trial ordered, from which order defendant appeals.
1Opinion of the CourtBrown, J.
While Clark, plaintiff’s driver, was proceeding along North Court street, in the city of Montgomery, driving a team of mules hitched to a wagon, he drove upon the defendant’s tracks, and one of the mules was stricken by a car that constituted and was a part of a train of 22 cars that were being pushed across Court street by an engine moving forward pushing the train of cars ahead of the engine.
The evidence on the part of the plaintiff tends to show that the street where it is crossed by the defendant’s tracks is paved, and that the tracks are so set in the pavement that they are not…
2Cases cited7 opinions
- Kansas City, Memphis & Birmingham Railroad v. CrockerSupreme Court of Alabama · 1891
- Watts v. Montgomery Traction Co.Supreme Court of Alabama · 1912
- Gothard v. Alabama Great Southern R. R.Supreme Court of Alabama · 1880
- Louisville & Nashville Railroad v. StewartSupreme Court of Alabama · 1900
- Southern Railway Co. v. PenneySupreme Court of Alabama · 1909
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3Cited by2 opinions
- Ex parte Seaboard Air Line Ry. Co. v. RoySupreme Court of Alabama · 1915
- Sloss-Sheffield Steel & Iron Co. v. LittrellSupreme Court of Alabama · 1944