Selma Street & Suburban Ry. Co. v. Martin
Alabama Court of Appeals
Appeal from Dallas Circuit Court. Heard before Hou. B. M. Miller. Action by M. E. Martin against tbe Selma Street & Suburban Railway Company for tbe death of- a dog. Judgment for plaintiff, and defendant appeals.
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Appeal from Dallas Circuit Court. Heard before Hou. B. M. Miller. Action by M. E. Martin against tbe Selma Street & Suburban Railway Company for tbe death of- a dog. Judgment for plaintiff, and defendant appeals. The following counts of the complaint are referred to in the opinion: (2) “Plaintiff claims of the defendant the sum of $100 as damages, for that on, to wit, April 18, 1910, the defendant owned and operated a street railway in the city of Selma, count}’ of Dallas, state of Alabama and that on the date aforesaid while running one of its cars in the city of Selma Dallas county,…
1Opinion of the CourtWalker, P. J.
It is settled in this state that the owner of a dog can maintain an action against a railroad company for the negligent killing of it.—Louisville & Nashville R. Co. v. Fitzpatrick, 129 Ala. 322, 29 South. 859, 87 Am. St. Rep. 64; Central of Georgia Ry. Co. v. Martin, 150 Ala. 388, 43 South. 563. The averments of each of the counts of the complaint numbered, respectively, 2, 3, and 4, sufficiently show that the plaintiff (the appellee here) had such a cause of action against the defendant; and the court was not in error in overruling the demurrers to those counts.
The testimony without conflict…
2Cases cited10 opinions
- Louisville & Nashville Railroad v. AnchorsSupreme Court of Alabama · 1896
- Birmingham Mineral Railroad v. JacobsSupreme Court of Alabama · 1890
- Birmingham Railway Light & Power Co. v. JonesSupreme Court of Alabama · 1907
- Alabama Great Southern Railroad v. McAlpine & Co.Supreme Court of Alabama · 1882
- Southern Railway Co. v. HogeSupreme Court of Alabama · 1904
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Southern Ry. Co. v. HarrisSupreme Court of Alabama · 1922
- Louisville N. R. Co. v. WatsonSupreme Court of Alabama · 1922
- O'Rear v. Manchester Lumber Co.Alabama Court of Appeals · 1912
- Birmingham Railway, Light & Power Co. v. DemminsAlabama Court of Appeals · 1911
- Louisville N. R. Co. v. CarterSupreme Court of Alabama · 1925
2 more not listed; retrieve them via the Exa API.