Legal Opinion

Ex parte Selma Street & Suburban Ry.

Supreme Court of Alabama

Decided May 30, 1912PublishedCited by 7 opinions

Appeal from Dallas Circuit Court. Heard before Hon. B. M. Miller. M. E. Martin brought action against the Selma Street & Suburban Railway Company, for damages for killing a dog. There was judgment for plaintiff and on appeal to the Court of Appeals of Alabama, the judgment was affirmed. (Selma Si. é Su. Ry. Go. v. Martin, 2 Ala. App. 537; 56 South. 601). The appellant brings certiorari to review the judgment in that case.

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Appeal from Dallas Circuit Court. Heard before Hon. B. M. Miller. M. E. Martin brought action against the Selma Street & Suburban Railway Company, for damages for killing a dog. There was judgment for plaintiff and on appeal to the Court of Appeals of Alabama, the judgment was affirmed. (Selma Si. é Su. Ry. Go. v. Martin, 2 Ala. App. 537; 56 South. 601). The appellant brings certiorari to review the judgment in that case. Counsel discuss the extent of the .jurisdiction of the Supreme Court over the proceedings, holdings, and decisions of the Court of Appeals and the method of enforcing their…

1Opinion of the CourtSomerville, J.

In the case of Selma St. & Sub. Ry. Co. v. Martin, 2 Ala. App. 537, 56 South. 601, an action for injuries inflicted on plaintiff’s dog by defendant’s car while being operated on its track -along a street in the city of Selma, it was held by the Court of Appeals that a dog is “property” within the meaning and application of that term as used in section 5476 of the Code, and that the provisions of that section are applicable to street railroad companies; the particular conclusion being that, upon plaintiff’s proving that defendant’s agents ran its car over the dog, the statute imposed on…

2Cases cited2 opinions

  1. Appel v. Selma Street & Suburban Railway Co.Supreme Court of Alabama · 1912
  2. Selma Street & Suburban Ry. Co. v. MartinAlabama Court of Appeals · 1911

3Cited by7 opinions

  1. Louisville N. R. Co. v. GreenSupreme Court of Alabama · 1931
  2. Alabama City, Gadsden & A. Ry. Co. v. BessiereSupreme Court of Alabama · 1914
  3. Southern Ry. Co. v. HarrisSupreme Court of Alabama · 1922
  4. Jordan v. Ala. C. G. & A. Ry. Co.Supreme Court of Alabama · 1912
  5. O'Rear v. Manchester Lumber Co.Alabama Court of Appeals · 1912

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