Carden v. Louisville & Nashville R. R.
Alabama Court of Appeals
Appeal from Shelby County Court. Heard before Hon. E. S. Lyman. R. A. Carden sued the L. & N. Rialroad Company in a justice court for damages for killing stock, and recovered judgment for $35, the amount which had been tendered him by defendant, he appealed to the circuit court where he had verdict and judgment for the same amount, and the court taxed him with the costs, and from a denial of the motion to tax defendant with the cost, plaintiff appeals.
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Appeal from Shelby County Court. Heard before Hon. E. S. Lyman. R. A. Carden sued the L. & N. Rialroad Company in a justice court for damages for killing stock, and recovered judgment for $35, the amount which had been tendered him by defendant, he appealed to the circuit court where he had verdict and judgment for the same amount, and the court taxed him with the costs, and from a denial of the motion to tax defendant with the cost, plaintiff appeals. Plaintiff was entitled to his costs, because of the fact that the jury rendered a verdict for damages for $35, which was no more than the…
1Opinion of the CourtPelham, P. J.
In the justice of the peace court, where the case originated, the appellant, as plaintiff, sued the appellee railroad company for $45 damages for the negligent killing of a cow by striking it with a train. The defendant pleaded the general issue and a plea of tender of $35. The justice found against the defendant on the general issue and in its favor on the plea of tender, and rendered judgment in favor of plaintiff and against the defendant for $35, and taxed the costs accordingly, i. e., against the plaintiff. From this judgment the plaintiff prayed for and obtained an appeal to the county…
2Cases cited2 opinions
- Harsh, McLean & Hardison v. HeflinSupreme Court of Alabama · 1884
- Schuessler v. SimonSupreme Court of Alabama · 1893
3Cited by1 opinion
- Ex parte CardenSupreme Court of Alabama · 1915