Legal Opinion

Pelham v. Spears

Supreme Court of Alabama

Decided March 5, 1931No. 4 Div. 540PublishedCited by 9 opinions

1Opinion of the CourtAnderson, C. J.

common-law rule that animals must be on owner’s own premises does not obtain in' this state. The rule is rather reversed and animals are permitted to run at large unless prohibited by statute. Means v. Morgan, 2 Ala. App. 547, 56 So. 759; M. & O. R. R. v. Williams, 53 Ala. 595; Hurd v. Lacy, 93 Ala. 427, 9 So. 378, 30 Am. St. Rep. 61. The com plaint, however, charges that the cow was unlawfully on the highway through the negligence of the defendant, that is, “contra iormam statuti,” (contrary to the form of the statute) meaning, we suppose, in violation of vhe stock law. If the point of…

2Cases cited6 opinions

  1. Mobile & Ohio Railroad v. WilliamsSupreme Court of Alabama · 1875
  2. Fox v. KoehnigWisconsin Supreme Court · 1926
  3. Hurd v. LacySupreme Court of Alabama · 1890
  4. Means v. MorganAlabama Court of Appeals · 1911
  5. Colvin v. SutherlandMissouri Court of Appeals · 1888

1 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Owen v. HampsonSupreme Court of Alabama · 1952
  2. Pennyan v. AlexanderMississippi Supreme Court · 1957
  3. Scott v. DunnSupreme Court of Alabama · 1982
  4. Crittenden v. SpeakeSupreme Court of Alabama · 1940
  5. Randle v. PayneAlabama Court of Appeals · 1958

4 more not listed; retrieve them via the Exa API.

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