Evans v. Southern Railway Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Hale. Tried before the Hon. John Moore. This was an action brought by the appellant, A. P. Evans, against the appellee, the Southern Railway Co. The suit was originally commenced in a justice of the peace court and was carried by appeal to the circuit court. In the circuit court the plaintiff: filed a complaint containing two counts.
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Appeal from the Circuit Court of Hale. Tried before the Hon. John Moore. This was an action brought by the appellant, A. P. Evans, against the appellee, the Southern Railway Co. The suit was originally commenced in a justice of the peace court and was carried by appeal to the circuit court. In the circuit court the plaintiff: filed a complaint containing two counts. In the first count the plaintiff sought to recover the sum of thirty dollars for the killing of two hogs by a train operated on the defendant’s railroad track, and averred in said count that the defendant “so negligently operated…
1Opinion of the CourtSharpe, J.
'Count 1 of the complaint first filed in the circuit court, was in case and count 2 was in assumpsit. Those counts were impropely joined. — Morris v. Eufaula Nat. Bank, 122 Ala. 580.
Count 3 was not subject to the demurrer. An agreement by a railroad company with a landowner to build and maintain fences and cattle guards in consideration of his grant of a right of way, is prima facie binding on the company to pay the landowner for injuries to his animals entering on the track in consequence of the company’s fault in failing to maintain fences in accordance with the terms of the contract. —…
2Cases cited6 opinions
- City National Bank v. JeffriesSupreme Court of Alabama · 1882
- Strouse v. EltingSupreme Court of Alabama · 1895
- White v. LevySupreme Court of Alabama · 1890
- Chicago & Atlantic Railway Co. v. BarnesIndiana Supreme Court · 1888
- Morris v. Eufaula National BankSupreme Court of Alabama · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- McDonald v. McDonaldSupreme Court of Alabama · 1926
- Drennen Motor Co. v. PatrickSupreme Court of Alabama · 1932
- Grand Bay Land Co. v. SimpsonSupreme Court of Alabama · 1919
- Dorough v. Harrington & SonsSupreme Court of Alabama · 1905
- Harris v. BarberSupreme Court of Alabama · 1939
3 more not listed; retrieve them via the Exa API.