Birmingham Mineral R. R. v. Harris
Supreme Court of Alabama
Appeal from Birmingham City Court. Tried before the Hon. H. A. Shabpe. Action by George C. Harris against the Birmingham Mineral Bailroad Company to recover for the negligent killing of plaintiff’s mules. All the facts of the case, and the rulings of the court upon the evidence, are sufficiently shown in the opinion.
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Appeal from Birmingham City Court. Tried before the Hon. H. A. Shabpe. Action by George C. Harris against the Birmingham Mineral Bailroad Company to recover for the negligent killing of plaintiff’s mules. All the facts of the case, and the rulings of the court upon the evidence, are sufficiently shown in the opinion. Upon the introduction of all the evidence the defendant requested the court to give the following written charges, and separately excepted to the court’s refusal to give each of them, as asked : (1). “There can be no recovery by plaintiff for any mules which the jury, from the…
1Opinion of the CourtHaralson, J.
We held in the S. & N. Ala. R. R. Co. v. Bees, 82 Ala. 340, that when a plaintiff proves his stock has been killed or injured by a railroad train, and their value, even if the evidence fails to show, distinctly, that the engineer either saw the animals or could have seen them by ordinary diligence, in time to stop the train, to prevent the injury, the onus devolves on the railroad company to rebut the presumption of negligence, and no explanatory or exculpatory evidence being offered, the plaintiff is entitled to a verdict. To the same effect aré many other adjudications of this court.—Geo.…
2Cases cited15 opinions
- Alabama Great Southern Railroad v. JonesSupreme Court of Alabama · 1882
- New Orleans & Selma Railroad v. JonesSupreme Court of Alabama · 1880
- Mobile & Ohio Railroad v. WilliamsSupreme Court of Alabama · 1875
- South & North Alabama Railroad v. WilliamsSupreme Court of Alabama · 1880
- Ala. Great Southern Railroad v. McAlpine & Co.Supreme Court of Alabama · 1885
10 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- McNeill v. StateSupreme Court of Alabama · 1893
- Cunningham Hardware Co. v. Louisville N. R. Co.Supreme Court of Alabama · 1923
- Weatherly v. Nashville, Chattanooga & St. Louis RailwaySupreme Court of Alabama · 1909
- Ex parte Southern Ry. Co.Supreme Court of Alabama · 1913
- Southern Railway Co. v. SmithSupreme Court of Alabama · 1909
26 more not listed; retrieve them via the Exa API.