Atlantic Coast Line R. Co. v. Horn

CARR, Presiding Judge.

This is an action in damages for killing plaintiff’s bull by the alleged negligent operation of defendant’s railway locomotive. In the court below there was a judgment in favor of the plaintiff.

The insistence is made that the complaint is subject to demurrer because it does not set out with sufficient certainty the place where the bull was killed.

In this aspect the allegation is: “ * * at a point approximately 100 yards, more or less, 'east of where the dirt road crosses said railroad adjacent to the home of plaintiff in Clay County, Alabama.”

This seems to be sufficient…