East Tenn., Va. & Ga. Railroad v. Deaver
Supreme Court of Alabama
Appeal from the Circuit Court of Colbert. Tried before the Hon. IT. C. Speake. This action was brought by Francis M. Deaver, against the appellant, a foreign corporation operating the Memphis and Charleston railroad under a lease, to recover damages on account of injuries to a flock of sheep belonging to plaintiff, about fifteen of which were killed, and ten more seriously injured, by a train of the defendant’s cars; and was commenced on the 1st August, 1883. The defendant…
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Appeal from the Circuit Court of Colbert. Tried before the Hon. IT. C. Speake. This action was brought by Francis M. Deaver, against the appellant, a foreign corporation operating the Memphis and Charleston railroad under a lease, to recover damages on account of injuries to a flock of sheep belonging to plaintiff, about fifteen of which were killed, and ten more seriously injured, by a train of the defendant’s cars; and was commenced on the 1st August, 1883. The defendant pleaded the general issue, with leave to give in evidence any matter that would be good if specially pleaded ; and the…
1Opinion of the CourtClopton, J.
By section 1699 of the Code, it is mandatory upon the engineer, or other person having the control of the running of a locomotive on any railroad in this State, to blow the whistle, or ring the bell, at least one-fourth of a mile before reaching any public road-crossing, and to continue to blow the whistle, or ring the bell, at intervals, until the cross-, ing is passed. By section 1700, the company is made liable for all damages done to stock or other property resulting from a failure to comply with the statutory requirements, or from any negligence on the part of such company or its agents.…
2Cases cited9 opinions
- Jordan & Sons v. PickettSupreme Court of Alabama · 1884
- Maher v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1876
- Woodbury v. StateSupreme Court of Alabama · 1881
- East Tennessee, Virginia & Georgia Railroad v. BaylissSupreme Court of Alabama · 1883
- Chicago, Burlington & Quincy R. R. v. LeeIllinois Supreme Court · 1873
4 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Louisville & Nashville Railroad v. WebbSupreme Court of Alabama · 1892
- Ensley Railway Co. v. ChewningSupreme Court of Alabama · 1890
- McCutchen v. LogginsSupreme Court of Alabama · 1895
- Western Railway v. SistrunkSupreme Court of Alabama · 1888
- Nashville, Chattanooga & St. Louis Railroad v. HembreeSupreme Court of Alabama · 1888
19 more not listed; retrieve them via the Exa API.