Opinion · Supreme Court of Alabama

Central of Ga. Ry. Co. v. Turner

Cent. of Ga. Ry. Co. v. Turner, 145 Ala. 441 (Ala. 1906)

Type
Opinion
Court
Supreme Court of Alabama
Jurisdiction
Alabama
Date
1906-01-10
Topic
general

TYSON, J. The cow was killed near a public road crossing by the passenger train of defendant running against her and knocking her from the track. This made out a prima facie case for plaintiff, and imposed upon defendant the burden of acquitting itself of negligence. — Code 1896, §§ 3440, 3443 ; So. Ry. Co. v.

Citator

UpLaw has not yet analyzed Central of Ga. Ry. Co. v. Turner. The absence of a flag is not a finding that it is good law.

Cited by
5 opinions
TYSON, J.

The cow was killed near a public road crossing by the passenger train of defendant running against her and knocking her from the track. This made out a prima facie case for plaintiff, and imposed upon defendant the burden of acquitting itself of negligence. — Code 1896, §§ 3440, 3443 ; So. Ry. Co. v. Reaves, 129 Ala. 457, 29 South. 594 ; A. G. S. Ry. Co. v. Boyd, 124 Ala. 525, 27 South. 408. Under the' testimony it is clear that the affirmative charge, requested by defendant, was properly refused. — L. & N. R. R. Co. v. Cochran, 105 Ala. 354, 16 South. 797. Neither of the other charges refused to defendant postulated the fact that the engineer was keeping a proper lookout for animals on or in close proximity to the track, or that the train Avas properly equipped. — Central of Ga. Ry. Co. v. *444 Stark, 126 Ala. 368, 28 South. 411 ; Sou. Ry. Co. v. Reaves, supra. They were therefore properly refused. Affirmed.

Dowdell, Simpson, and Anderson, JJ., concur.