Louisville & Nashville R. R. v. Davis
Supreme Court of Alabama
. Appeal from Bessemer City Court. Heard .before Hon. J. C. B..GWIN. Action by George Davis against 'the L. & N. R. R. Co", for damages for injury to a horse. Judgment'for plaintiff and defendant appeals. (Transferred from Court, of Appeals under Acts 1911, p. 449.) ' ' '
1Opinion of the Court
MAYFIELD, J.—(1) This action is to recover damages for injuries to plaintiff’s horse. The only negligence alleged was in “running an engine into a horse.” There was no count relying on negligence as for frightening the animal, and thereby causing the injury; hence the statute (section 5476 of the Code) was applicable to the case. And hence there was no error in the court’s declining to charge the jury that the burden of proof was on the plaintiff to establish negligence on the part of defendant’s agents • — which would have been true if the injury had been caused from or in consequence of…
2Cases cited1 opinion
- Garth v. Nashville, Chattanooga & St. Louis Ry.Supreme Court of Alabama · 1914
3Cited by3 opinions
- McCaa v. ThomasSupreme Court of Alabama · 1922
- Central of Georgia Ry. Co. v. MooreSupreme Court of Alabama · 1917
- Southern Ry. Co. v. FreemanAlabama Court of Appeals · 1919