Southern Ry. Co. v. Wyley
Supreme Court of Alabama
Appeal from Circuit Court, Madison County; R. C. Brickell, Judge. Action by T. F. Wyley against the Southern Railway Company for damages for the death of a horse. Judgment for plaintiff, and defendant appeals. Transferred from the Court of Appeals under Acts 1911, p. 450, § 6. The facts sufficiently appear. The following are the charges refused to defendant: (5) Affirmative charge for defendant.
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Appeal from Circuit Court, Madison County; R. C. Brickell, Judge. Action by T. F. Wyley against the Southern Railway Company for damages for the death of a horse. Judgment for plaintiff, and defendant appeals. Transferred from the Court of Appeals under Acts 1911, p. 450, § 6. The facts sufficiently appear. The following are the charges refused to defendant: (5) Affirmative charge for defendant. (9) There was no statutory duty on defendant’s engineer to blow the whistle or ring the bell at the point where he discovered the peril of plaintiff’s horse. (4) If the jury believe from the evidence…
1Opinion of the CourtSayre, J.
[1] If we might assume that the bill of exceptions in this case contains all the evidence heard at the trial, then the several contentions raised by defendant, appellant, would depend upon a construction of the bill of exceptions in regard to one point, viz. whether there was evidence from which the jury might have inferred that plaintiff’s horse was upon the track for an appreciable time before it was struck and killed by defendant’s locomotive. Defendant takes the negative view of this question, and hence insists that section 5473 of the Code, which requires that the engineer in charge of…
2Cases cited4 opinions
- Lamar v. KingSupreme Court of Alabama · 1910
- East Tenn., Va. & Ga. Railroad v. BaylissSupreme Court of Alabama · 1884
- Lewis Land & Lumber Co. v. Interstate L. Co.Supreme Court of Alabama · 1909
- Southern Mutual Ins. v. Holcombe's AdministratorSupreme Court of Alabama · 1859
3Cited by12 opinions
- J. H. Burton Sons Co. v. MaySupreme Court of Alabama · 1925
- Fayet v. St. Louis S. F. R. Co.Supreme Court of Alabama · 1919
- Schmidt v. Mobile Light R. Co.Supreme Court of Alabama · 1920
- Jefferson v. Republic Iron & Steel Co.Supreme Court of Alabama · 1922
- Franks v. StateAlabama Court of Appeals · 1935
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