Central of Georgia Railway Co. v. Barnett
Supreme Court of Alabama
Appeal from Coosa Circuit Court. Heard before Hon. S. L. Brewer. Action by Fred Barnett against the Central of Georgia Railway Company. From a judgment for plaintiff, defendant appeals. This was an action for damages alleged to have been caused by a collision between a wagon and mules of plaintiff and a train of cars operated over defendant’s line of railway.
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Appeal from Coosa Circuit Court. Heard before Hon. S. L. Brewer. Action by Fred Barnett against the Central of Georgia Railway Company. From a judgment for plaintiff, defendant appeals. This was an action for damages alleged to have been caused by a collision between a wagon and mules of plaintiff and a train of cars operated over defendant’s line of railway. The facts tended to show that the plaintiff was driving along the road which crosses the track of appellant near Parkdale, in Coosa county. The train was going east towards Goodwater, and was a construction train. From the side track,…
1Opinion of the CourtAnderson, J.
The rule of evidence in permitting witnesses to give their opinion as to the value of property does not extend the right to testify as to the quantum of damages sustained. They can state the injuries, and even the value before and after the injury, and the damage would ordinarily be the difference; hut it seems, from the weight of authority, that the jury, and not the witness, should ascertain the quantum of damages suffered. — Montgomery & West Point R. R. v. Varner, 19 Ala. 185; Chandler v. Bush, 84 Ala. 102, 4 South. 207; Krebs v. Brown, 108 Ala. 510, 18 South. 659, 54 Am. St. Rep. 188;…
2Cases cited5 opinions
- Central of Georgia Ry. Co. v. HyattSupreme Court of Alabama · 1907
- Montgomery & West Point Railroad v. VarnerSupreme Court of Alabama · 1851
- Young & Co. v. CuretonSupreme Court of Alabama · 1888
- Krebs Manufacturing Co. v. BrownSupreme Court of Alabama · 1895
- Chandler v. BushSupreme Court of Alabama · 1887
3Cited by36 opinions
- L. & N. R. R. v. CalvertSupreme Court of Alabama · 1911
- Cunningham Hardware Co. v. Louisville N. R. Co.Supreme Court of Alabama · 1923
- Southern Railway Co. v. IrvinSupreme Court of Alabama · 1915
- Atlantic Coast Line R. Co. v. JonesSupreme Court of Alabama · 1918
- Johnson v. Louisville N. R. Co.Supreme Court of Alabama · 1933
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