Louisville & Nashville Railroad v. Davis
Supreme Court of Alabama
Appeal from the Circuit Court of Baldwin, Tried before the Hon. James T. Jones. The appellees sued the appellant railroad company for killing a colt on the track of its line. The defendant pleaded the general issue.
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Appeal from the Circuit Court of Baldwin, Tried before the Hon. James T. Jones. The appellees sued the appellant railroad company for killing a colt on the track of its line. The defendant pleaded the general issue. On the trial of the case, as is shown by the bill of exceptions, S. W. Davis, joint owner of the animal with T. E. Davis, testified, that it was killed by an engine of the defendant company, near Hurricane Bayou, being cut in two ; that his head and feet were lying on one side of the track, the hind legs on the other, and the entrails strewn along the middle of the track; that he…
1Opinion of the CourtHaralson, J.
1. According to the decisions of this court, if a railroad company knowingly runs its trains, in the absence of intervening unusual natural causes, under such conditions as would make it impossible for those in charge to prevent injuring stock straying on its track, and injury results, it is accountable for the loss. And these conditions are said to exist, when the train is run in the night time, at such a fast rate of speed that, by reason of the darkness of the night, stock can not be seen by the aid of a headlight, in time to prevent the injury, by use of the ordinary means and appliances…
2Cases cited4 opinions
- New Orleans & Selma Railroad v. JonesSupreme Court of Alabama · 1880
- Birmingham Mineral R. R. v. HarrisSupreme Court of Alabama · 1893
- Mobile & Ohio Railroad v. WilliamsSupreme Court of Alabama · 1875
- Central Railroad & Banking Co. of Georgia v. IngramSupreme Court of Alabama · 1893
3Cited by13 opinions
- Weatherly v. Nashville, Chattanooga & St. Louis RailwaySupreme Court of Alabama · 1909
- Ex parte Southern Ry. Co.Supreme Court of Alabama · 1913
- St. Louis & San Francisco Railroad v. MooreMississippi Supreme Court · 1911
- Southern Railway Co. v. SmithSupreme Court of Alabama · 1909
- Louisville & Nashville Railroad v. CochranSupreme Court of Alabama · 1894
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