Southern Railway Co. v. Fitzpatrick
Supreme Court of Alabama
Appeal from Morgan Law and Equity Court. Heard before Hon. Thomas W. Wert. Action by Newton Fitzpatrick against the Southern Railway Company for damages for the death of a cow. Judgment for plaintiff, and defendant appeals. Transferred from the Court of Appeals, under section 6, Act April 18, 1911 (Acts 1911, p. 449). The action was stated in four counts, and each declared for damages for killing a cow by running a train on, over, or against her.
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Appeal from Morgan Law and Equity Court. Heard before Hon. Thomas W. Wert. Action by Newton Fitzpatrick against the Southern Railway Company for damages for the death of a cow. Judgment for plaintiff, and defendant appeals. Transferred from the Court of Appeals, under section 6, Act April 18, 1911 (Acts 1911, p. 449). The action was stated in four counts, and each declared for damages for killing a cow by running a train on, over, or against her. The complaint was filed in the justice of the peace court in the city of New Decatur. Defendant filed the following special plea: Comes the…
1Per curiam
(1, 2) The majority are of the opinion that the trial court did not err in sustaining the plaintiff’s demurrer to the defendant’s special plea. The local act of 1901 (page 1970) authorized the trial of the cause in the precinct in which it was tried, and provided that this defendant could be sued in said precinct; and this local act has not been repealed by the Code. Nor are we impressed with the suggestion that said local act is unconstitutional.
The judgment of the law and equity court is affirmed.
Affirmed.
Anderson, C. J., and McClellan, Sayre, Somerville, and Gardner, JJ., concur.
2Cited by4 opinions
- Ex Parte KempSupreme Court of Alabama · 1936
- Skieff v. Cole-SkieffCourt of Civil Appeals of Alabama · 2003
- Southern Railway Co. v. GogginsSupreme Court of Alabama · 1916
- Roberts v. BrightSupreme Court of Alabama · 1931