McDougal v. Louisville N. R. Co.
Alabama Court of Appeals
Appeal from Circuit Court, Jefferson County ; J. C. B. Gwin, Judge. Action by Walter McDougal against the Louisville & Nashville Railroad Company for ,the negligent killing of an ox. From a judgment for defendant, plaintiff appeals.
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Appeal from Circuit Court, Jefferson County ; J. C. B. Gwin, Judge. Action by Walter McDougal against the Louisville & Nashville Railroad Company for ,the negligent killing of an ox. From a judgment for defendant, plaintiff appeals. The case of Vaughn v. State, ante, p. 35, .81 South. 417, is without application, for neither the trial court nor any other court can judicially know that as a matter of fact the Louisville & Nashville Railroad Company did not operate the train over this railroad that killed plaintiff’s animal. The court judicially knows that at. the time of the killing of the…
1Opinion of the CourtSamford, J.
[1,2] The complaint in this case claims damages, alleging the negligent operation of defendant’s engine and cars over its line of track between Bessemer and Johns, Ala., on June 3, 1919, at a time when this court judicially knows that defendant’s railroad was being operated exclusively by the United States government. Vaughn v. State, 81 South. 417. And all agencies being used in the operation of locomotives and cars on said railroad were under the control of the federal government. The facts alleged in the complaint, taken in 'onnection with facts judicially known to this court, would,…
2Cases cited2 opinions
- Vaughn v. StateAlabama Court of Appeals · 1919
- Ex Parte McMillanAlabama Court of Appeals · 1917
3Cited by4 opinions
- Crim v. Louisville N. R. R. Co.Supreme Court of Alabama · 1921
- Currie v. Louisville N. R. Co.Supreme Court of Alabama · 1921
- Central of Georgia Railway Co. v. GwynesSupreme Court of Georgia · 1922
- Louisville N. R. Co. v. HolmesSupreme Court of Alabama · 1921