Mobile & Ohio Railroad v. Williams
Supreme Court of Alabama
Appeal from Circuit Court of Mobile. Tried before John Elliott. This was a suit formed by the consolidation by agreement of two causes between the same parties. The- cases originated in a justice’s court, and the complaint failed to show that the killing was negligent. A demurrer interposed on this account, ivas overruled. Judgment was rendered in the justice’s court for seventy-five dollars and costs.
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Appeal from Circuit Court of Mobile. Tried before John Elliott. This was a suit formed by the consolidation by agreement of two causes between the same parties. The- cases originated in a justice’s court, and the complaint failed to show that the killing was negligent. A demurrer interposed on this account, ivas overruled. Judgment was rendered in the justice’s court for seventy-five dollars and costs. The appellant moved, in the justice’s court, to dismiss the causes, “as they were not in proper form,” which motion was overruled. On appeal to the circuit court, motion was made to quash the…
1Opinion of the CourtBrickell, C. J.
The doctrine of the common law in relation to trespasses by and upon cattle running at large, *597has never been of force in this State. It was never applicable to our situation, and is inconsistent with our estray laws and statutes in reference to trespasses by cattle. These laws treat unenclosed lands as common of pasture, and permit an owner to suffer his cattle to run at large. N. & C. R. R. v. Peacock, 25 Ala. 229. The character of inclosures and fences is carefully defined. E. C. § 1282. If an animal suffered to go at large trespasses or should do damage on lands not inclosed as required,…
2Cases cited6 opinions
- Gorman v. Pacific RailroadSupreme Court of Missouri · 1858
- Nashville & Chattanooga Railroad v. PeacockSupreme Court of Alabama · 1854
- Nashville & Decatur Rail Road v. ComansSupreme Court of Alabama · 1871
- Memphis & Charleston Railroad v. BibbSupreme Court of Alabama · 1861
- Ganaway v. Mayor of MobileSupreme Court of Alabama · 1852
1 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Tennessee Coal, Iron & R. R. v. SmithSupreme Court of Alabama · 1911
- South & North Alabama Railroad v. ThompsonSupreme Court of Alabama · 1878
- L. R. & F. S. R. R. v. PayneSupreme Court of Arkansas · 1878
- East Tenn., Va. & Ga. Railroad v. BaylissSupreme Court of Alabama · 1883
- Birmingham Mineral R. R. v. HarrisSupreme Court of Alabama · 1893
26 more not listed; retrieve them via the Exa API.