Huss v. Central Railroad & Banking Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Lee. Tried before the Hon. James E. Cobb. This action was brought by J. C. Huss against the appellees, two corporations chartered by the State of Georgia, and alleged to be operating the “ Western Bailroad of Alabama,” to recover damages for injuries to a mare, which was killed by the negligence of the defendant’s servants; and was commenced, according to the date of the summons, on the 9th April, 1878. The complaint averred that the injury…
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Appeal from the Circuit Court of Lee. Tried before the Hon. James E. Cobb. This action was brought by J. C. Huss against the appellees, two corporations chartered by the State of Georgia, and alleged to be operating the “ Western Bailroad of Alabama,” to recover damages for injuries to a mare, which was killed by the negligence of the defendant’s servants; and was commenced, according to the date of the summons, on the 9th April, 1878. The complaint averred that the injury was done “ on or about the 8th day of June, 1876,” and that a demand for damages on account of the injury was presented,…
1Opinion of the CourtBrickell, C. J.
This is an action on the case, for the negligent killing a mare, the property of the appellant, by the servants of the appellees, corporations of the State of Georgia, operating a railroad in this State. The killing occurred on the 8th of June, 1876; and it is averred that, from that time, to the commencement of suit, the appellees had a known place of business, and authorized agents in the county of Lee in this State. A demurrer was interposed to the complaint, on the ground that the action was barred by the statute of limitations, not having been commenced within one year from the time of…
2Cases cited5 opinions
- Polly v. McCallSupreme Court of Alabama · 1860
- Roundtree v. BrantleySupreme Court of Alabama · 1859
- Express Company v. WareSupreme Court of the United States · 1875
- State Bank v. SeawellSupreme Court of Alabama · 1851
- Steamboat Farmer v. McCrawSupreme Court of Alabama · 1858
3Cited by36 opinions
- Alabama Great Soiitliern Railroad v. HawkSupreme Court of Alabama · 1882
- Denson v. Alabama Fuel & Iron Co.Supreme Court of Alabama · 1916
- Colonial & United States Mortgage Co. v. Northwest Thresher Co.North Dakota Supreme Court · 1905
- Western Coal & Mining Co. v. HilvertArizona Supreme Court · 1945
- Sims v. TigrettSupreme Court of Alabama · 1934
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