East Tennessee, Virginia & Georgia Railroad v. Bayliss
Supreme Court of Alabama
Appeal from Lawrence Circuit Court. Tried before Hon. LI. C. Speake. This suit was brought by John K. Bayliss against the East Tennessee, Virginia & Georgia Bailroad Company, a corporation operating a railroad in this State, to recover damages alleged to have been suffered by the plaintiff, by reason of the negligent killing of a horse belonging to him by defendant’s locomotive.
Read the full summary
Appeal from Lawrence Circuit Court. Tried before Hon. LI. C. Speake. This suit was brought by John K. Bayliss against the East Tennessee, Virginia & Georgia Bailroad Company, a corporation operating a railroad in this State, to recover damages alleged to have been suffered by the plaintiff, by reason of the negligent killing of a horse belonging to him by defendant’s locomotive. The cause was tried on issues joined on the pleas of not guilty and the statute of limitations of one year, the trial resulting in a verdict and judgment for the plaintiff. No eye-witnesses to the killing were…
1Opinion of the Court
STONE, <1.
In the concluding argument, counsel for the appellee, speaking of a witness who had testified for the defendant, said : “ Engineers on railroads, like this engineer, have to emigrate if they do not conform to the wishes of their employers, and testify as their employers’ interests require. They testify with a halter around their necks.”
There is no question that an agent or employee in any case is supposed to be favorably inclined to the interests and wishes of his employer. This is natural and human, though not universal. And this bias, if bias it be, is all the more natural, if the…
2Cases cited6 opinions
- Cross v. StateSupreme Court of Alabama · 1881
- Wolffe v. MinnisSupreme Court of Alabama · 1883
- South & North Alabama Railroad v. WilliamsSupreme Court of Alabama · 1880
- Whorley v. Memphis & Charleston RailroadSupreme Court of Alabama · 1882
- Motes v. BatesSupreme Court of Alabama · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Louisville & Nashville Railroad v. OrrSupreme Court of Alabama · 1890
- Ala. Great Southern Railroad v. FrazierSupreme Court of Alabama · 1890
- Lunsford v. DietrichSupreme Court of Alabama · 1890
- Commercial Fire Ins. v. AllenSupreme Court of Alabama · 1886
- McNeill v. StateSupreme Court of Alabama · 1893
29 more not listed; retrieve them via the Exa API.