Zeigler v. South & North Ala. R. R.
Supreme Court of Alabama
Appeal from the Circuit Court of Elmore. Tried before the Hon. James Q. Smith. This was an action brought on the 25th of September, 1877, by S. B. Zeigler, the appellant, against the South & North Alabama Railroad Company — a corporation chartered under an act of the legislature approved February the 15th, 1854 — to recover $50.06 damages, as the complainant alleges, “ for killing a yearling calf, the property of plaintiff (appellant), near Zeigler’s crossing on defendant’s…
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Appeal from the Circuit Court of Elmore. Tried before the Hon. James Q. Smith. This was an action brought on the 25th of September, 1877, by S. B. Zeigler, the appellant, against the South & North Alabama Railroad Company — a corporation chartered under an act of the legislature approved February the 15th, 1854 — to recover $50.06 damages, as the complainant alleges, “ for killing a yearling calf, the property of plaintiff (appellant), near Zeigler’s crossing on defendant’s railroad in said county, by running over or striking said yearling, by a locomotive or engine, &c., in employ of said…
1Opinion of the CourtStone, J.
-1. In pronouncing on the constitutionality of an act of the legislature, the court necessarily passes judgment on the legality of an act which has received the sanction of a co-ordinate department of the government. Hence, the courts approach such inquiry with a due sense of its magnitute and solemnity, and indulge the presumption that the enactment in question is constitutional, until clearly convinced to the contrary. — See Sadler v. Langham, 36 Ala. 311.
2. The only question of importance presented by this record, arises on the constitutionality vel non of the first section of the act “ To…
2Cases cited5 opinions
- Boyd's Lessee v. GravesSupreme Court of the United States · 1819
- Nashville & Chattanooga Railroad v. PeacockSupreme Court of Alabama · 1854
- Doe ex dem. Davis v. MingeSupreme Court of Alabama · 1876
- Stoudenmire v. BrownSupreme Court of Alabama · 1872
- Memphis & Charleston Railroad v. BibbSupreme Court of Alabama · 1861
3Cited by83 opinions
- Ives v. South Buffalo Railway Co.New York Court of Appeals · 1911
- Hunter v. Colfax Consolidated Coal Co.Supreme Court of Iowa · 1915
- Davis v. StateSupreme Court of Alabama · 1880
- South & North Alabama Railroad v. MorrisSupreme Court of Alabama · 1880
- Union Pac. R'y Co. v. De BuskSupreme Court of Colorado · 1888
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