Kansas City, Memphis & Birmingham Railroad v. Higdon
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried before the Hon. James B. Head. This action was brought by E. L. Higdon against the appellant corporation, to recover damages for the loss of his hunting dog, which he took with him going from Birmingham to Elliott, stations on defendant’s road, for the purpose of hunting, and was required by the conductor to put him in the baggage-car; and on the arrival of the train at Elliott, the baggage-master demanding 25 cents for the…
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Appeal from the Circuit Court of Jefferson. Tried before the Hon. James B. Head. This action was brought by E. L. Higdon against the appellant corporation, to recover damages for the loss of his hunting dog, which he took with him going from Birmingham to Elliott, stations on defendant’s road, for the purpose of hunting, and was required by the conductor to put him in the baggage-car; and on the arrival of the train at Elliott, the baggage-master demanding 25 cents for the carriage of the dog, which plaintiff refused to pay, the dog was carried on to Memphis and lost t'o him. The complaint…
1Opinion of the CourtWalker, J.
— The defendant had the benefit under pleas numbered 1 and 2 of the matters set up by the three special pleas, the demurrers to which were sustained. Such being the case, if there was error in sustaining the demurrers, it was error without injury to the defendant, and does not afford ground for a reversal of the judgment. — Louisville & Nashville R. R. Co. v. Davis, 91 Ala. 487.
The appellee was a passenger on the appellant’s train from Birmingham to Elliott, a station on the appellant’s line of road. When he boarded the train he went into a second-class car, carrying his dog along with him.…
2Cases cited7 opinions
- Wheeler v. McGuire, Scoggins & Co.Supreme Court of Alabama · 1888
- Gilliam v. South, & North Alabama RailroadSupreme Court of Alabama · 1881
- Louisville & Nashville Railroad v. DavisSupreme Court of Alabama · 1890
- Louisville Coffin Co. v. StokesSupreme Court of Alabama · 1884
- South & North Ala. Railroad v. HuffmanSupreme Court of Alabama · 1884
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Jones v. StricklandSupreme Court of Alabama · 1917
- Williams v. HendricksSupreme Court of Alabama · 1897
- Richmond & Danville Railroad v. WeemsSupreme Court of Alabama · 1892
- Postal Telegraph Co. v. BrantleySupreme Court of Alabama · 1894
- Van Derveer v. Strickland Bros. MacH. Co.Alabama Court of Appeals · 1919