Mobile & Ohio R. R. v. Christian Moerlein Brewing Co.
Supreme Court of Alabama
Appeal from Mobile Circuit Court. Heard before Hon. Samuel R Browne. This was an action begun by appellee to recover of appellant the sum of $1,000 for the killing of three mules and two horses. There was considerable pleading in the cause unnecessary here to he set out. The case made by the testimony for appellee was: - That they owned and operated a large warehouse for the storing of beer contiguous to the tracks of the Mobile & Ohio Railroad Company in the city of Mobile.
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Appeal from Mobile Circuit Court. Heard before Hon. Samuel R Browne. This was an action begun by appellee to recover of appellant the sum of $1,000 for the killing of three mules and two horses. There was considerable pleading in the cause unnecessary here to he set out. The case made by the testimony for appellee was: - That they owned and operated a large warehouse for the storing of beer contiguous to the tracks of the Mobile & Ohio Railroad Company in the city of Mobile. That in this warehouse a considerable number of horses and mules were kept when not engaged in delivering beer to the…
1Opinion of the CourtAnderson, J.
In discussing what is or is not proximate cause in contemplation of law, our court lays down the rule for its determination to be, quoted from Mr. Cooley and others: “If an injury has resulted in consequence of a certain wrongful act or omission, but only through or by means of some intervening cause, from which last cause the injury followed as a direct and immediate consequence, the law will refer the damage to the last proximate cause, and refuse to trace it to that which vas more remote. The chief and sufficient reason for this rule is to be found in the impossibility of tracing…
2Cases cited7 opinions
- Armstrong v. Montgomery Street Railway Co.Supreme Court of Alabama · 1898
- Western Railway of Alabama v. MutchSupreme Court of Alabama · 1892
- Lewis v. Flint & Pere Marquette Ry Co.Michigan Supreme Court · 1884
- Alabama Great Southern Railroad v. JonesSupreme Court of Alabama · 1882
- Louisville & Nashville Railroad v. QuickSupreme Court of Alabama · 1899
2 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Liberty National Life Insurance Company v. WeldonSupreme Court of Alabama · 1957
- Morgan Hill Paving Co. v. FonvilleSupreme Court of Alabama · 1928
- Louisville N. R. Co. v. MaddoxSupreme Court of Alabama · 1938
- Alabama Power Company v. GuySupreme Court of Alabama · 1967
- McKinnon v. PolkSupreme Court of Alabama · 1929
16 more not listed; retrieve them via the Exa API.