Pruitt v. Ellington
Supreme Court of Alabama
APPEAL from the Circuit Court of Lowndes. Tried before the Hon. James Q,. Smith. Jesse Ellington commenced this action at the spring term, 1876, of the Circuit Court of Lowndes county, against McCormick Pruitt, to recover damages for injuries done by the trespass of the defendant’s mules and horses upon the crop of the plaintiff. On the trial it was proven that the plaintiff was the lessee of the land of the defendant upon which the trespass was committed.
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APPEAL from the Circuit Court of Lowndes. Tried before the Hon. James Q,. Smith. Jesse Ellington commenced this action at the spring term, 1876, of the Circuit Court of Lowndes county, against McCormick Pruitt, to recover damages for injuries done by the trespass of the defendant’s mules and horses upon the crop of the plaintiff. On the trial it was proven that the plaintiff was the lessee of the land of the defendant upon which the trespass was committed. “ The plaintiff and Artemus Peagler cultivated on shares one part of the said premises, and were equally interested in the crops of corn…
1Opinion of the Court
BEICIvELL, C. J.—
The distinction between an action on the case, and an action of trespass, is in effect, though not in terms preserved by the Code. For a tort committed with force and intentionally, the immediate consequence of which is injury, trespass is the appropriate remedy. If the injury proceeds from mere negligence, or is not the immediate consequence of the tort, case is the appropriate remedy.—Bell v. Troy, 35 Ala. 184. A failure to observe this distinction, is the error pervading the instructions given, and the refusal of instructions by the Circuit Court. Each count of the…
2Cases cited7 opinions
- Austin v. HallNew York Supreme Court · 1816
- Mobile & Ohio Railroad v. WilliamsSupreme Court of Alabama · 1875
- Thompson v. MawhinneySupreme Court of Alabama · 1850
- Nashville & Chattanooga Railroad v. PeacockSupreme Court of Alabama · 1854
- Strother's Adm'r. v. ButlerSupreme Court of Alabama · 1850
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3Cited by22 opinions
- McKenzie v. KillianSupreme Court of Alabama · 2004
- Shepard v. Mount Vernon Lumber Co.Supreme Court of Alabama · 1915
- Drake v. Lady Ensley Coal, Iron & Railway Co.Supreme Court of Alabama · 1893
- Ruffin v. CrowellSupreme Court of Alabama · 1950
- Hurd v. LacySupreme Court of Alabama · 1890
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