Central of Georgia Railway Co. v. Stark
Supreme Court of Alabama
Ax’I'EAL from the Circuit Court of Russell. Tried before the Hon. A. A. Evans. This was an action brought by the appellee, William E. Stark, against the Central of Georgia Railway Company, to recover damages for the alleged negligent killing of a mule by one of the trains oper-. ated on its road. The facts of the case are sufficiently stated in the opinion.
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Ax’I'EAL from the Circuit Court of Russell. Tried before the Hon. A. A. Evans. This was an action brought by the appellee, William E. Stark, against the Central of Georgia Railway Company, to recover damages for the alleged negligent killing of a mule by one of the trains oper-. ated on its road. The facts of the case are sufficiently stated in the opinion. The court, at the request of the plaintiff, gave to the jury the following written charge: “The court charges the .jury that if at the time the mule came upon the railroad track, or in dangerous proximity thereto, the train was a quarter…
1Opinion of the CourtHAlvALSON, J.
The decisions of this court have settled the principle, that “the running of a train under such conditions, or at such rate of speed, as renders it impossible for the servants or agents having the management of it, to avoid injury to animals straying on the track, is negligence, rendering the company liable-for the consequent injury.”—L. & A. R. R. Co. v. Cochran, 105 Ala. 354; Birmingham Mineral Railroad Co. v. Harris, 98 Ala. 326; C. R. R. & Banking Co. v. Ingram, Ib. 395; L. & N. R. R. Co. v. Davis, 103 Ala. 661; L. & N. R. R. Co. v. Kelton, 112 Ala. 533. Another principle, consonant with…
2Cases cited6 opinions
- Birmingham Mineral R. R. v. HarrisSupreme Court of Alabama · 1893
- Nashville, Chattanooga & St. Louis Railroad v. HembreeSupreme Court of Alabama · 1888
- Louisville & Nashville Railroad v. Brinkerhoff & Co.Supreme Court of Alabama · 1898
- Louisville & Nashville Railroad v. CochranSupreme Court of Alabama · 1894
- Louisville & Nashville Railroad v. DavisSupreme Court of Alabama · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Western Ry. v. McPhersonSupreme Court of Alabama · 1906
- Owen v. Southern Ry. Co.Supreme Court of Alabama · 1931
- Alabama Great Southern Railroad v. McDanielSupreme Court of Alabama · 1915
- Central of Ga. Ry. Co. v. TurnerSupreme Court of Alabama · 1906
- Southern Ry. Co. v. PogueSupreme Court of Alabama · 1906
3 more not listed; retrieve them via the Exa API.