Central Railroad & Banking Co. v. Roquemore
Supreme Court of Alabama
Appeal from the Circuit Court of Barbour. Tried before the Hon. J. M. Caemichael. Action by Albert Roquemore against the Central Railroad and Banking Company of Georgia to recover damages for the negligent killing of the plaintiff’s cow.
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Appeal from the Circuit Court of Barbour. Tried before the Hon. J. M. Caemichael. Action by Albert Roquemore against the Central Railroad and Banking Company of Georgia to recover damages for the negligent killing of the plaintiff’s cow. The evidence for the plaintiff tended to show that on December 12, 1890, at a point a short distance west of the Ho-boken tank on the defendant’s railroad, the plaintiff’s cow was killed by a west-bound passenger train which was moving at a high rate of speed; that the cow came out of a field south of the track and in attempting to cross the track was struck…
1Opinion of the CourtColeman, J.
This was an action to recover damages for tbe negligent killing plaintiff’s cow. Tbe only error assigned is the refusal of tbe court to give tbe general affirmative charge for tbe defendant. This charge should never be given, except in cases where, if tbe party who requests tbe charge bad demurred to tbe evidence, the court could bave properly sustained tbe demurrer. — Freeman v. Scurlock, 27 Ala. 411; 1 Brick, p. 335. Tbe effect of a demurrer to evidence is an admission by the party demurring of tbe truth of tbe evidence demurred to, and of every inference and conclusion which a jury could…
2Cases cited2 opinions
- Armstrong's Ex'r v. Armstrong's HeirsSupreme Court of Alabama · 1857
- Curtis v. DaughdrillSupreme Court of Alabama · 1882
3Cited by5 opinions
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- Watts v. Metropolitan Life Ins. Co.Supreme Court of Alabama · 1924
- Mobile Light & Railroad Co. v. PortissSupreme Court of Alabama · 1915
- Sovereign Camp, W. O. W. v. BurrellSupreme Court of Alabama · 1920
- Carter v. OdomSupreme Court of Alabama · 1898