Carrollton Short Line Ry Co. v. Lipsey
Supreme Court of Alabama
Appeal fróm Pickens Circuit Court. Heard before S. H. Sprott. Action by Thomas S. Lipsey against the Carrollton Short Line Railway Company for damages to a horse, caused by going upon a dangerous cattle guard. From a judgment for plaintiff, defendant appeals. A declaration that an injury was caused by the insufficiency of a cattle guard is demurrable for failing to state the particulars in which it was insufficient. — 41 Cent.
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Appeal fróm Pickens Circuit Court. Heard before S. H. Sprott. Action by Thomas S. Lipsey against the Carrollton Short Line Railway Company for damages to a horse, caused by going upon a dangerous cattle guard. From a judgment for plaintiff, defendant appeals. A declaration that an injury was caused by the insufficiency of a cattle guard is demurrable for failing to state the particulars in which it was insufficient. — 41 Cent. Die. t 1561; 1 Kapalje & Macks Dig. of Law, § 348. The"defendant violated no duty to plaintiff in constructing a stop gap that would be dangerous for live stock to go…
1Opinion of the CourtMcCLELLAN, J.
The horse of appellee, plaintiff below, was injured in going upon a cattle gap, or cattle guard, constructéd and maintained by appellant as a part of its line of railway. The complaint contains three counts, all averring that the gap or guard was “wholly defective” as such, and was “wholly defective for the purpose for which it was erected,” and was dangerous to stock going upon or over it. The second and third counts go further, and allege that it was so constructed as to be inviting to stock; the third asserting the particular in which it ivas dangerous. There were demurrers attacking the…
2Cases cited2 opinions
- Kansas City, Memphis & Birmingham Railroad v. FlippoSupreme Court of Alabama · 1903
- Southern Ry. Co. v. GilmerSupreme Court of Alabama · 1904
3Cited by7 opinions
- Shelby Iron Co. v. MorrowSupreme Court of Alabama · 1923
- Alabama Great Southern R. Co. v. ClarkSupreme Court of Alabama · 1930
- Davis v. LawlerSupreme Court of Alabama · 1923
- Southern Ry. Co. v. PopejoySupreme Court of Alabama · 1926
- Lawler v. Southern Ry. Co.Supreme Court of Alabama · 1922
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