Ga. Pacific Railway Co. v. Lee
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. IT. A. Siiarpe. This was an action by R. N. Lee, against the appellant railway corporation, to recover damages for the killing of two mules and the destruction of a wagon, the property of the plaintiff, which was caused by the alleged negligence of the defendant’s employes, in the management of a train, which collided with the plaintiff’s mules and wagon. The facts are sufficiently set out in the opinion.
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Appeal from the City Court of Birmingham. Tried before the Hon. IT. A. Siiarpe. This was an action by R. N. Lee, against the appellant railway corporation, to recover damages for the killing of two mules and the destruction of a wagon, the property of the plaintiff, which was caused by the alleged negligence of the defendant’s employes, in the management of a train, which collided with the plaintiff’s mules and wagon. The facts are sufficiently set out in the opinion. Upon the evidence as adduced the court in its general oral charge to the jury, charged them, among other things, as follows :…
1Opinion of the CourtMcOLELLAN, J.
This is an action for injury to a wagon and team bj collision therewith of a train of the defendent— appellant — railway company at a road crossing. The collision occurred at the intersection of 6th Avenue and 27 street. This street, for at least a block on either side of said Avenue, is occupied entirely by three tracks of the defendant’s railroad; and the Avenue, which is not opened beyond these tracks, if indeed it extends any further than the line of the street next ■to the city, constitutes at most a public road crossing which branches off to the right and left as soon as the tracks are…
2Cases cited11 opinions
- Schofield v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of the United States · 1885
- Tanner's v. Louisville & Nashville RailroadSupreme Court of Alabama · 1877
- Artz v. Chicago, R. I. & P. R. R.Supreme Court of Iowa · 1871
- Petty v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1885
- Gothard v. Alabama Great Southern R. R.Supreme Court of Alabama · 1880
6 more not listed; retrieve them via the Exa API.
3Cited by90 opinions
- Birmingham Railway, Light & Power Co. v. DrennenSupreme Court of Alabama · 1911
- Memphis & Charleston Railroad v. MartinSupreme Court of Alabama · 1897
- Louisville & Nashville Railroad v. MarkeeSupreme Court of Alabama · 1893
- Glass v. Memphis & Charleston RailroadSupreme Court of Alabama · 1891
- Richmond & Danville Railroad v. FreemanSupreme Court of Alabama · 1892
85 more not listed; retrieve them via the Exa API.