Alabama Great Southern Railroad v. Powers
Supreme Court of Alabama
Appeal from Hale Circuit Court. Tried before Hon. John Moore. This suit was brought by John S. Powers against the Alabama Great Southern Railroad Company, a corporation operating a railroad in this State, to recover damages for injuries alleged to have been done to plaintiff ’s horse by the defendant’s locomotive and train, through and by reason of the negligence of defendant’s servants in conducting and running said locomotive and train.
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Appeal from Hale Circuit Court. Tried before Hon. John Moore. This suit was brought by John S. Powers against the Alabama Great Southern Railroad Company, a corporation operating a railroad in this State, to recover damages for injuries alleged to have been done to plaintiff ’s horse by the defendant’s locomotive and train, through and by reason of the negligence of defendant’s servants in conducting and running said locomotive and train. The cause was tried on issue joined on the plea of not guilty, the trial resulting in a verdict and judgment for the plaintiff. The evidence introduced on…
1Opinion of the CourtStone, J.
— 1. The circuit court did not err in giving the' two charges requested by appellee. They each assert correct principles of law. — M. & M. Raihoay Co. v. Blakely, 59 Ala. 471; L. & N. R. R. Co. v. Jones, 56 Ala. 507. And though, it is possible, they are abstract and have a tendency to mislead, yet this furnishes no ground for reversing the judgment. The appellant should have requested explanatory charges “by which the objectionable tendency could have been averted and healed.” McCrary v. Rash, 60 Ala. 374; Smith v. Fellows, 58 Ala. 467; Durr v. Jackson, 59 Ala. 203.
2. Charges numbered 1 and…
2Cases cited5 opinions
- Durr v. JacksonSupreme Court of Alabama · 1877
- Smith v. FellowsSupreme Court of Alabama · 1877
- South & North Alabama Railroad v. JonesSupreme Court of Alabama · 1876
- McCrary's Adm'r v. Rash's Adm'rSupreme Court of Alabama · 1877
- Mobile & Montgomery Railway Co. v. BlakelySupreme Court of Alabama · 1877
3Cited by13 opinions
- Shirley v. ShirleySupreme Court of Alabama · 1954
- White v. BlairSupreme Court of Alabama · 1891
- Southern Railway Co. v. HogeSupreme Court of Alabama · 1904
- Alabama Great Southern R. Co. v. SmithSupreme Court of Alabama · 1923
- Fields v. ParkerSupreme Court of Alabama · 1978
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