Louisville Nashville Railroad Company v. Stuart

MERRILL, Justice.

Appellee Stuart sued appellant in simple negligence to recover the value of a cow alleged to have been killed by appellant’s locomotive in Wilcox County. After the court had ruled on the pleadings, the parties stipulated that appellee’s damage amounted to $200, waived trial by jury and the court entered judgment for appellee for $200. A motion for a new trial was overruled and this appeal was perfected to the Court of Appeals and transferred to this court under Tit. 13, § 98, Code 1940.

*287The complaint avers that the Alabama Public Service Commission of the State of Alabama had,…