Ala. Great Southern Railroad v. Roebuck
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried before the lion. S. II. Speott. This action was brought by James ¡Roebuck against the appellant, a domestic corporation, to recover damages for injuries to two horses, which were run over by a train of cars on the defendant’s road, about daylight on the morning of April 16th, 1882, one being killed, and the other injured; and was commenced on the 30tli October, 1882. The cause was tried on issue joined, but the record does…
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Appeal from the Circuit Court of Jefferson. Tried before the lion. S. II. Speott. This action was brought by James ¡Roebuck against the appellant, a domestic corporation, to recover damages for injuries to two horses, which were run over by a train of cars on the defendant’s road, about daylight on the morning of April 16th, 1882, one being killed, and the other injured; and was commenced on the 30tli October, 1882. The cause was tried on issue joined, but the record does not show what pleas were .filed. On the trial, as the bill of exceptions shows, the plaintiff testified in his own behalf,…
1Opinion of the Court
STONE, O. J.
— The testimony of plaintiff, in the court below, tends to show that, in less than six months after the injury was done, he made out his claim in writing, and presented it to one Smith, who was known as “ Governor Smith that Smith received it, and promised to forward it to headquarters; thatjie, Smith, subsequently told witness he had forwarded the said claim to headquarters, and that he would, on his next trip, pay plaintiff for the horse the train had killed. There was testimony tending to show that Smith had charge of the railroad’s supply-train; that he held himself out as the…
2Cases cited6 opinions
- Ross v. StateSupreme Court of Alabama · 1883
- East Tenn., Va. & Ga. Railroad v. BaylissSupreme Court of Alabama · 1883
- McDougald's Adm'r v. RutherfordSupreme Court of Alabama · 1857
- Alabama Great Southern Railroad v. McAlpine & Co.Supreme Court of Alabama · 1883
- Jones v. FortSupreme Court of Alabama · 1860
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3Cited by3 opinions
- Alabama Fertilizer Co. v. Reynolds & LeeSupreme Court of Alabama · 1885
- Westbrook v. FultonSupreme Court of Alabama · 1885
- Selma Street & Surburban Ry. Co. v. CampbellSupreme Court of Alabama · 1908