Ala. Great Southern Railroad v. Moody
Supreme Court of Alabama
Appeal from the Circuit Court of Tuskaloosa. Tried before the Hon. Sam. H. Sprott. This action was brought by Frank S. Moody against the appellant corporation, to recover damages for the killing of a “Galloway cow” belonging to plaintiff, by the alleged negligence of the persons in charge of the defendant’s passing train by which she was killed.
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Appeal from the Circuit Court of Tuskaloosa. Tried before the Hon. Sam. H. Sprott. This action was brought by Frank S. Moody against the appellant corporation, to recover damages for the killing of a “Galloway cow” belonging to plaintiff, by the alleged negligence of the persons in charge of the defendant’s passing train by which she was killed. The jury gave the plaintiff a verdict for $500. The only matter assigned as error is the refusal of the court to charge the jury, on request, that they must find for the defendant if they believed the evidence.
1Opinion of the CourtOlopton, J.
The principles of law applicable to this-case are few, and well settled. When an animal is discovered on the track of a railroad, the statute makes it the duty of the engineer to “use all the means within his power, known to skillful engineers, such as applying brakes and reversing the engine, in order to stop the train.” — Oode,§ 1144. When the animal is discovered in dangerous proximity to the track, his duty depends upon the circumstances. If they are such as to indicate danger of its getting on the track, or to induce the supposition that it will attempt to cross, the usual means to…
2Cases cited5 opinions
- Western Railway Co. v. LazarusSupreme Court of Alabama · 1889
- Nashville, Chattanooga & St. Louis Railroad v. HembreeSupreme Court of Alabama · 1888
- East Tenn., Va. & Ga. Railroad v. BaylissSupreme Court of Alabama · 1884
- South & North Alabama Railroad v. JonesSupreme Court of Alabama · 1876
- Ala. Great Southern Railroad v. ChapmanSupreme Court of Alabama · 1886
3Cited by15 opinions
- Louisville & Nashville Railroad v. Marbury Lumber Co.Supreme Court of Alabama · 1899
- Maisel v. StateAlabama Court of Appeals · 1919
- Louisville & Nashville Railroad v. BarkerSupreme Court of Alabama · 1892
- Roman v. LentzSupreme Court of Alabama · 1912
- Patterson v. MilliganAlabama Court of Appeals · 1914
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