Central of Ga. Ry. Co. v. Martin
Supreme Court of Alabama
Appeal from Russell Circuit Court. Heard before Hon. A. E. Evans. This was an action by C. O. Martin against the Central of Georgia Railway Company for damages for the negligent killing of his dog. The facts sufficiently appear in the opinion of the court. From a judgment for plaintiff defendant appears. The court erred in sustaining demurrer to defendant’s special plea. — L. & A, R. R. Co. r.
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Appeal from Russell Circuit Court. Heard before Hon. A. E. Evans. This was an action by C. O. Martin against the Central of Georgia Railway Company for damages for the negligent killing of his dog. The facts sufficiently appear in the opinion of the court. From a judgment for plaintiff defendant appears. The court erred in sustaining demurrer to defendant’s special plea. — L. & A, R. R. Co. r. Williams, 105 Ala. 379. On the proposition that the railroad was not liable for the killing in this case the court’s attention is directed to the case of M. & O. R. R. Co. v. Holliday (Miss.) 30 South.…
1Opinion of the CourtTyson, C. J.
This action was brought to recover damages for the negligent killing of plaintiff’s dog by one of the trains of the defendant. The only assignment of error is predicated upon the ruling of the court holding the defendant’s special plea to be bad.. The facts averred in the plea may be stated to he these: That on the day the dog was killed- the plaintiff and his dog-had gone along the track of the defendant’s railroad in a westerly direction, for about one mile, and after traversing this distance the plaintiff turned around, the dog accompanying him, and retraced his steps along the track of…
2Cases cited2 opinions
- Alabama Great Southern Railroad v. PowersSupreme Court of Alabama · 1882
- Saint Louis, Arkansas & Texas Railway Co. v. HauksTexas Supreme Court · 1890
3Cited by6 opinions
- Southern Ry. Co. v. HarrisSupreme Court of Alabama · 1922
- Alabama Great Southern R. Co. v. SmithSupreme Court of Alabama · 1923
- Selma Street & Suburban Ry. Co. v. MartinAlabama Court of Appeals · 1911
- Tennessee, A. G. R. Co. v. DanielSupreme Court of Alabama · 1917
- Alabama Great Southern R. Co. v. SheffieldSupreme Court of Alabama · 1925
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