Atlanta, B. A. Ry. Co. v. Ballard
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; J. C. B. Gwin, Judge. Action by J. A. Ballard against the Atlanta, Birmingham & Atlantic Railway Company. Judgment for plaintiff, and defendant appeals.
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Appeal from Circuit Court, Jefferson County; J. C. B. Gwin, Judge. Action by J. A. Ballard against the Atlanta, Birmingham & Atlantic Railway Company. Judgment for plaintiff, and defendant appeals. Transferred from Court of Appeals under section 6, Acts 1911, p. 450. The complaint charges that the defendant negligently caused one horse the property of the plaintiff to run into a trestle on defendant’s railroad in the city of Bessemer and thereby injured it so that it was practically worthless. Demurrer being overruled, the cause was tried on the general issue. The evidence showed that in…
1Opinion of the CourtSomerville, J.
This court has several times considered at some length the question of the liability of a railroad company in cases where animals have gone upon the track, and, being frightened by an approaching train, have attempted to escape by running down the track and into a trestle, and thereby suffered injury.
The complaint in this case is a literal copy of the complaint exhibited in the case of Ala. Gr. So. R. R. Co. v. Hall, 133 Ala. 362, 32 South. 259. It was there held that the complaint stated a cause of action, and was not subject to demurrer on the ground that the allegations of negligence were…
2Cases cited5 opinions
- Nashville, C. & St. L. Ry. Co. v. GarthSupreme Court of Alabama · 1912
- Garth v. Nashville, Chattanooga & St. Louis Ry.Supreme Court of Alabama · 1914
- Alabama Great Southern Railroad v. HallSupreme Court of Alabama · 1901
- Northern Alabama Ry. Co. v. Foster, Creighton, Gould Co.Supreme Court of Alabama · 1917
- Southern Railway Co. v. HobsonAlabama Court of Appeals · 1912
3Cited by2 opinions
- Bradley v. WoodSupreme Court of Alabama · 1922
- Boshell v. Illinois Cent. R. Co.Supreme Court of Alabama · 1929