Louisville & Nashville Railroad v. Gentry
Supreme Court of Alabama
Appeal from the Circuit Court of Chilton. Tried before the Hon. N. D. Denson . This action was brought by the appellee, Henry Gentry, against the Louisville & Nashville Railroad Company, to recover damages for the alleged negligent killing of a cow, which was run overby one of defendant’s trains.
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Appeal from the Circuit Court of Chilton. Tried before the Hon. N. D. Denson . This action was brought by the appellee, Henry Gentry, against the Louisville & Nashville Railroad Company, to recover damages for the alleged negligent killing of a cow, which was run overby one of defendant’s trains. The suit was commenced in a justice of the peace court, where judgment by default was rendered against the railroad company, and the cause was rent oyed to the circuit court by certiorari. The plaintiff proved, that the body of the cow for the killing of which the action was brought, was found about…
1Opinion of the CourtHaralson, J.
The plaintiff having made aprima facie case against the defendant, the burden was cast on it, to show that the accident could not have been prevented by the exercise of due diligence, .and the application of all reasonable preventive efforts to avert it.
The engineer, the only eyewitness to the killing of the cow, testified to facts tending to show, that the cow was in a position of danger when he first discovered her, only a short distance ahead of him, — about 25 yards, — at the edge of an embankment, and maintaining a sharp lookout ahead, he had not discovered her sooner. His testimony…
2Cases cited3 opinions
- Boyd v. SelmaSupreme Court of Alabama · 1892
- Boyd v. StateSupreme Court of Alabama · 1889
- Savannah & Western Railroad v. JarvisSupreme Court of Alabama · 1891
3Cited by5 opinions
- St. Louis & San Francisco Railroad v. MooreMississippi Supreme Court · 1911
- Louisville N. R. Co. v. CarterSupreme Court of Alabama · 1925
- Kansas City, Memphis & Birmingham Railroad v. ChildersSupreme Court of Alabama · 1902
- Central of Georgia Railway Co. v. DumasSupreme Court of Alabama · 1901
- Central of Georgia Ry. v. LarkinsSupreme Court of Alabama · 1904