Central of Georgia Railway Co. v. Main
Supreme Court of Alabama
Appeal from the Circuit Court of Bullock. Tried before the Hon. A. A. Evans. The appellee, \V. C. Main, brought the present action against .the Central of Georgia Railway Company, to recover damages for the alleged negligent killing of a mule, which was run over by a train operated on the defendant's road. On the trial there were verdict and judgment for the plaintiff.
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Appeal from the Circuit Court of Bullock. Tried before the Hon. A. A. Evans. The appellee, \V. C. Main, brought the present action against .the Central of Georgia Railway Company, to recover damages for the alleged negligent killing of a mule, which was run over by a train operated on the defendant's road. On the trial there were verdict and judgment for the plaintiff. The facts relating to the only ruling of the trial court presented for review, are sufficiently stated in the opinion. cited 2 Sutherland on Damages, (ed. of 18831 375 ct fteq.; Ward, v. Reynolds, 32 Ala. 384; Stone v. Watson,…
1Opinion of the CourtTyson, J.
The single assignment of error is predicated upon the refusal of the trial court, upon objection, to permit defendant, on cross-examination, to ask plaintiff how much he paid for the mule, some three months prior to its being killed by one of defendant’s locomotives. The purpose of tlie inquiry, it is fairly inferable, was to show the market value of the mule at the time and place it ivas killed; the place being some twenty-four miles distant from where the plaintiff purchased it. The price paid by plaintiff was not a fact on which any reasonable inference as to the market value of the mule,…
2Cases cited1 opinion
- Alabama Great Southern Railroad v. Moore & StephensSupreme Court of Alabama · 1895
3Cited by2 opinions
- Massey v. FainAlabama Court of Appeals · 1911
- Meyer Bros. Drug Co. v. PuckettSupreme Court of Alabama · 1903