Louisville & Nashville Railroad v. Cochran
Supreme Court of Alabama
Appeal from the Circuit Court of Anniston. Tried before the Hon. James W. Lapsley. This action was brought by the appellee, W. T. Cochran, against the Louisville & Nashville Railroad Company, to recover damages for the killing of ahorse, the property of the plaintiff, which was alleged to have been caused by reason of the negligence of the defendant’s employes. The amount of damages claimed was one hundred dollars.
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Appeal from the Circuit Court of Anniston. Tried before the Hon. James W. Lapsley. This action was brought by the appellee, W. T. Cochran, against the Louisville & Nashville Railroad Company, to recover damages for the killing of ahorse, the property of the plaintiff, which was alleged to have been caused by reason of the negligence of the defendant’s employes. The amount of damages claimed was one hundred dollars. The defendant pleaded the general issue, and contributory negligence on the part of the plaintiff. The facts are sufficiently stated in the opinion. The cause was tried by the…
1Opinion of the CourtBrickell, C. J.
The doctrine of the common law, in respect to trespasses by and upon domestic animals, running at large, has never prevailed in this State. Unenclosed lands are regarded as common pasture, and the owner of domestic animals found thereon, is entitled to demand reasonable care and diligence for the prevention of injuries to them. — 3 Brick. Dig., 725, §§ 105, et seq. The more recent decisions of this court have settled, that in actions against a railroad company for injuries to domestic animals straying upon its track or roadbed, when the injury, the ownership, and the value of the animal, if…
2Cases cited2 opinions
- Birmingham Mineral R. R. v. HarrisSupreme Court of Alabama · 1893
- Louisville & Nashville Railroad v. DavisSupreme Court of Alabama · 1893
3Cited by15 opinions
- Weatherly v. Nashville, Chattanooga & St. Louis RailwaySupreme Court of Alabama · 1909
- Louisville & Nashville Railroad v. Christian Moerlein Brewing Co.Supreme Court of Alabama · 1907
- St. Louis & San Francisco Railroad v. MooreMississippi Supreme Court · 1911
- Louisville & Nashville Railroad v. KeltonSupreme Court of Alabama · 1895
- Central of Georgia Railway Co. v. StarkSupreme Court of Alabama · 1899
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