Southern Ry. Co. v. Hudson

Alabama Court of Appeals

Southern Ry. Co. v. Hudson

77 So. 421, 16 Ala. App. 271, 1917 Ala. App. LEXIS 308

CourtAlabama Court of Appeals

DecidedDecember 18, 1917

Docket1 Div. 220.

StatusPublished

Cited by1 cases

This text of 77 So. 421 (Southern Ry. Co. v. Hudson) is published on Counsel Stack Legal Research, covering Alabama Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Southern Ry. Co. v. Hudson, 77 So. 421, 16 Ala. App. 271, 1917 Ala. App. LEXIS 308 (Ala. Ct. App. 1917).

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Opinion

SAMPORD, J.

The evidence tended to show that appellee’s cow strayed from home about November 11, 1914, and never returned ; that a little more than two weeks thereafter appellee found the remains of a carcass of a cow about 15 feet from appellant’s track in the city of Mobile, witbin the yards of the Mobile & Ohio Railroad, and in a marsh adjoining said track; that the cow was identified as being the property of the plaintiff by a few spots of red hair on the face and by a rag tied on to one of the stubs of a horn that had been shucked off; that the flesh had all gone from the bones, and that one of the hip bones had been broken. There was evidence of other railroad tracks belonging to another railroad running within 8 feet of defendant’s track, and on the other side from the carcass. This was the entire evidence upon the question as to whether the defendant’s engine struck the cow at all.

The right of recovery in this case is dependent upon the establishment of causal connection between tbe injury to the cow and the alleged cause. Southworth, Adm’x, v. Shea, 131 Ala. 421, 30 South. 774, and author-' ities there cited. This the facts in this case fail to do, nor are they sufficient to support a verdict.

The foregoing is the opinion of the writer, but the majority think the facts are sufficient to submit it to the jury, on the authority of Southern Ry. Co. v. Blankenship, 14 Ala. App. 261, 69 South. 591; Id., 194 Ala. 368, 70 South. 132, and the judgment is affirmed.

Affirmed.

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SAMPORD, J.

The evidence tended to show that appellee’s cow strayed from home about November 11, 1914, and never returned ; that a little more than two weeks thereafter appellee found the remains of a carcass of a cow about 15 feet from appellant’s track in the city of Mobile, witbin the yards of the Mobile & Ohio Railroad, and in a marsh adjoining said track; that the cow was identified as being the property of the plaintiff by a few spots of red hair on the face and by a rag tied on to one of the stubs of a horn that had been shucked off; that the flesh had all gone from the bones, and that one of the hip bones had been broken. There was evidence of other railroad tracks belonging to another railroad running within 8 feet of defendant’s track, and on the other side from the carcass. This was the entire evidence upon the question as to whether the defendant’s engine struck the cow at all.

The right of recovery in this case is dependent upon the establishment of causal connection between tbe injury to the cow and the alleged cause. Southworth, Adm’x, v. Shea, 131 Ala. 421, 30 South. 774, and author-' ities there cited. This the facts in this case fail to do, nor are they sufficient to support a verdict.

The foregoing is the opinion of the writer, but the majority think the facts are sufficient to submit it to the jury, on the authority of Southern Ry. Co. v. Blankenship, 14 Ala. App. 261, 69 South. 591; Id., 194 Ala. 368, 70 South. 132, and the judgment is affirmed.

Affirmed.

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Bluebook (online)

77 So. 421, 16 Ala. App. 271, 1917 Ala. App. LEXIS 308, Counsel Stack Legal Research, https://law.counselstack.com/opinion/southern-ry-co-v-hudson-alactapp-1917.

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