Central Railroad & Banking Co. v. Ingram
Supreme Court of Alabama
Appeal from tbe Circuit Court of Bussell. Tried before tbe Hon. Jesse M. Carmichael. Tbis action was brought by Charles E. Ingram against tbe appellant corporation, to recover damages for injuries to a number of bis mules, fourteen of which were killed, and several others crippled and injured, by one of tbe defendant’s freight trains, on tbe morning of November 28th, 1890. Tbe accident occurred between three and four o’clock in tbe morning, an hour or more before daybreak,…
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Appeal from tbe Circuit Court of Bussell. Tried before tbe Hon. Jesse M. Carmichael. Tbis action was brought by Charles E. Ingram against tbe appellant corporation, to recover damages for injuries to a number of bis mules, fourteen of which were killed, and several others crippled and injured, by one of tbe defendant’s freight trains, on tbe morning of November 28th, 1890. Tbe accident occurred between three and four o’clock in tbe morning, an hour or more before daybreak, at a trestle or short bridge which spanned Dry Creek; and the evidence showed that the night was star-lit, and the…
1Opinion of the CourtMcQLELLAN, J.
The general affirmative charge was asked by the defendant below and refused. The Only exception reserved goes to that action of the trial court. The correctness of the ruling confessedly depends upon whether any evidence was adduced in conflict with, or which afforded an inference inconsistent with, the testimony of the engineer, that the immediate locality of the casualty was so enveloped in a dense wall of fog as that it was impossible to see plaintiff’s mules until too near them to avoid colliding with and killing them. This fog-wall, he says, arose from the bed of a creek along which was…
2Cited by4 opinions
- Birmingham Mineral R. R. v. HarrisSupreme Court of Alabama · 1893
- Central Railroad & Banking Co. of Georgia v. IngramSupreme Court of Alabama · 1893
- State v. ClarkSupreme Court of Louisiana · 1909
- Hilliker-Krebs Building & M'f'g Co. v. Birmingham Railway & Electric Co.Supreme Court of Alabama · 1893