Southern Ry. Co. v. Osborne
Alabama Court of Appeals
Appeal from Circuit Court, Jackson County; Wl W. Haralson, Joidge. Action by D. W. Osborne against the Southern Railway Company. From a judgment in favor of plaintiff, defendant appeals.
1Opinion of the CourtBrioken, J.
This action was by appellee against appellant, the Southern Railway Company, for negligently running over and killing a horse and a mule. The case was tried on the plea of the general issue, and the defendant complains of the action of the trial court in refusing the general affirmative charge requested by it in writing.
[1 ]• The killing of the animals described in the complaint by the locomotive or cars of the defendant was admitted; thus a prima facie case was established. O’Rear v. Manchester Lumber Co., 6 Ala. App. 461, 60 South. 462; Ill. Central R. Co. v. Bottoms, 1 Ala. App. 302, 55…
2Cases cited4 opinions
- Ex parte Southern Ry. Co.Supreme Court of Alabama · 1913
- O'Rear v. Manchester Lumber Co.Alabama Court of Appeals · 1912
- Illinois Central Railroad v. BottomsAlabama Court of Appeals · 1911
- Birmingham Southern Railway Co. v. MorrisAlabama Court of Appeals · 1913
3Cited by3 opinions
- Perry v. Atlantic Coast Line R. Co.Alabama Court of Appeals · 1949
- Atlanta & St. A. B. Ry. Co. v. HodgesAlabama Court of Appeals · 1922
- Central of Georgia Ry. Co. v. GholstonAlabama Court of Appeals · 1930