Legal Opinion

Central of Georgia Ry. Co. v. Pittman

Alabama Court of Appeals

Decided November 26, 1918No. 4 Div. 557PublishedCited by 2 opinions

Appeal from Circuit Court, Bullock County ; J. S. Williams, Judge. Action by J. L. Pittman against the Central of Georgia Railway Company for damages for the negligent killing of a cow. Judgment for plaintiff, and defendant appeals.

1Opinion of the CourtSamford, J.

This action is against a railroad company, and the complaint is in the following language:

“The plaintiff claims of the defendant the sum of seventy-five and no/100 dollars as damages for negligently killing one cow, the property of plaintiff, by its locomotive or train of cars at or near the 51 mile post on the Mobile & Girard Railroad, one of its railroads, on, to wit, -day of May, 1917.”

[1, 2] While the complaint is not as explicit as it might be, it was not tested by demurrer, and is sufficient to state a cause of action for the negligent killing of plaintiff’s cow, by and through the…

2Cases cited4 opinions

  1. Choate v. Southern Railway Co.Supreme Court of Alabama · 1898
  2. Mobile Light & Railroad v. RobertsSupreme Court of Alabama · 1915
  3. Anderson & Shackleford v. Birmingham Mineral RailroadSupreme Court of Alabama · 1895
  4. Central of Ga. Ry. Co. v. BristerSupreme Court of Alabama · 1906

3Cited by2 opinions

  1. Sloss-Sheffield Steel & Iron Co. v. PeinhardtSupreme Court of Alabama · 1940
  2. Bugg v. MeredithSupreme Court of Alabama · 1926

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