Northern Alabama Ry. Co. v. Hawkins
Supreme Court of Alabama
Appeal from Circuit Court, Eranklin County; C. P. Almon, Judge. Action by W. I. Hawkins against the Northern Alabama Railway Company, for damages to a cow. Judgment for plaintiff, and defendant appeals. As originally brought the action was against the appellant and the Sheffield Iron Corporation. By amendment the Sheffield Iron Corporation was stricken from the complaint, and the cause proceeded to judgment against the present appellant.
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Appeal from Circuit Court, Eranklin County; C. P. Almon, Judge. Action by W. I. Hawkins against the Northern Alabama Railway Company, for damages to a cow. Judgment for plaintiff, and defendant appeals. As originally brought the action was against the appellant and the Sheffield Iron Corporation. By amendment the Sheffield Iron Corporation was stricken from the complaint, and the cause proceeded to judgment against the present appellant. The complaint is as follows: The plaintiff claims of the defendant the sum of $75 damages for in that heretofore, on or about the 5th day of September, 1917,…
1Opinion of the CourtSomerville, J.
The gravamen of the complaint is that—
“The defendant, its agents or servants, while in the operation of a railroad and a car thereupon, negligently caused or allowed said car to run over or against a cow,” etc.
[1] The evidence shows, without dispute, that the car which caused this injury was not then operated by defendant’s agents or servants, but by the agents or servants of the Sheffield Coal &■ Iron Company; for it cannot be said that the latter company, in loading defendant’s cars for its own private uses, and placing them at a convenient point for defendant, was acting as agent for…
2Cases cited3 opinions
- Knight v. Tombigbee Valley R. R.Supreme Court of Alabama · 1914
- Southern Ry. Co. v. GilmerSupreme Court of Alabama · 1904
- Bell v. Ala. Midland Ry. Co.Supreme Court of Alabama · 1895
3Cited by2 opinions
- Sloss-Sheffield Steel & Iron Co. v. PeinhardtSupreme Court of Alabama · 1940
- Alabama Power Co. v. KeySupreme Court of Alabama · 1932