Nashville & Decatur Rail Road v. Comans
Supreme Court of Alabama
Appeal from Circuit Court of Limestone. Tried before Hon. Jas. S. Clark. This was an action of trespass brought by the appellee against the Nashville & Decatur Bail Boad Company, to recover damages for the killing of a mule by the locomotive of said company. The defendant (appellant) pleaded “ not guilty,” and several other pleas not necessary to be mentioned, “with leave to give in evidence any matter which would be a good plea in bar to the plaintiff’s action.”
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Appeal from Circuit Court of Limestone. Tried before Hon. Jas. S. Clark. This was an action of trespass brought by the appellee against the Nashville & Decatur Bail Boad Company, to recover damages for the killing of a mule by the locomotive of said company. The defendant (appellant) pleaded “ not guilty,” and several other pleas not necessary to be mentioned, “with leave to give in evidence any matter which would be a good plea in bar to the plaintiff’s action.” The proof shows that a locomotive belonging to the Nashville & Decatur Bail Boad Company, drawing eight or ten loaded freight cars,…
1Opinion of the CourtPetebs, J.
This is an action of trespass, commenced on the 30th day of August, 1867. Comans was the plaintiff in the court below, and the Bail Eoad Company was the defendant. The complaint contains but a single count, which was in the following words — that is to say: “ The plaintiff claims of the defendant the sum of two hundred dollars for wrongfully killing a mule, the property of the plaintiff, by running over [it] with locomotive, on — day of August, 1867; therefore this suit.” The answer to this complaint was the plea of “not guilty,” and several *440others, “with leave to give in evidence any matter…
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