Pratt Coal & Iron Co. v. Davis & Davis
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This action was brought by Davis & Davis, suing as partners, against the appellant, a private corporation, owning and operating a railroad between its mines and the city of Birmingham, to recover damages for the loss of a horse, which was killed at a crossing on the defendant’s track, just outside the corporate limits of Birmingham; and was commenced on the 25th May, 1885. There was a demurrer to…
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Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This action was brought by Davis & Davis, suing as partners, against the appellant, a private corporation, owning and operating a railroad between its mines and the city of Birmingham, to recover damages for the loss of a horse, which was killed at a crossing on the defendant’s track, just outside the corporate limits of Birmingham; and was commenced on the 25th May, 1885. There was a demurrer to the complaint, which was overruled; and a jury being waived, the cause was submitted to the court for decision. It was…
1Opinion of the Court
STONE, O. J.
The sum of the facts in this case is, that the appellant corporation owns and operates a railroad from its works in the county, to the city of Birmingham. As it nears the corporate limits of the city, it runs on an embankment five feet high; and at this point the injury complained of was suffered. Crossing the track and adjacent lands at this place, there was no public highway, either by order of the court of County Commissioners, or by prescription or long usage. On either side of the track, the property was owned by private individuals. The railroad had been in operation about…
2Cases cited5 opinions
- Hargreaves v. DeaconMichigan Supreme Court · 1872
- South & North Ala. Railroad v. McLendonSupreme Court of Alabama · 1879
- Tanner's v. Louisville & Nashville RailroadSupreme Court of Alabama · 1877
- Severy v. NickersonMassachusetts Supreme Judicial Court · 1876
- Montgomery & Eufaula Railway Co. v. ThompsonSupreme Court of Alabama · 1884
3Cited by16 opinions
- W. S. Fowler Rental Equipment Company v. SkipperSupreme Court of Alabama · 1963
- Memphis & Charleston Railroad v. WomackSupreme Court of Alabama · 1887
- Alabama Great Southern Railroad v. LinnSupreme Court of Alabama · 1893
- City of Birmingham v. Louisville N. R. Co.Supreme Court of Alabama · 1926
- Southern Ry. Co. v. MorrisSupreme Court of Alabama · 1904
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