Choate v. Southern Railway Co.
Supreme Court of Alabama
Appeal from Cherokee Circuit Court. Tried before Hon. J. A. Bilbro. The rulings of the lower court upon the evidence are shown by the opinion. The plaintiff requested the following written charges, which were refused: (1.) “That it is the duty of the engineer to be diligent in looking out for obstructions, and in this cause it was the duty of the engineer to discover the cow as early as possible and take due care not to injure her.
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Appeal from Cherokee Circuit Court. Tried before Hon. J. A. Bilbro. The rulings of the lower court upon the evidence are shown by the opinion. The plaintiff requested the following written charges, which were refused: (1.) “That it is the duty of the engineer to be diligent in looking out for obstructions, and in this cause it was the duty of the engineer to discover the cow as early as possible and take due care not to injure her. (2.) That if the jury believe from the evidence that defendant had negligently permitted its right of way to grow up so as to contribute to conceal and did conceal…
1Opinion of the CourtMcCLELLAN, J.
This- action is prosecuted by Choate against the raihvay company. The following is the complaint: “The plaintiff claims of the defendant txventy-five ($25) dollars, as damages for negligently or wrongfully running OArer or against and killing Avith its engine or train of cars, on or about the 25tlx day of March, 1895, one milk co.av, the property of the plaintiff.” It is quite obvious upon the averments of the complaint that the Avrong or negligence counted on is that of trainmen in running — operating;—the engine or train of cars, and that no wrong or negligence of the defendant in respect…
2Cases cited1 opinion
- Alabama Great Southern Railroad v. LinnSupreme Court of Alabama · 1893
3Cited by21 opinions
- Reaves v. MaybankSupreme Court of Alabama · 1915
- Louisville N. R. Co. v. ParkerSupreme Court of Alabama · 1931
- Jones v. KeithSupreme Court of Alabama · 1931
- Armour & Co. v. CartledgeSupreme Court of Alabama · 1937
- Birmingham Railway Light & Power Co. v. HayesSupreme Court of Alabama · 1907
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