Strickland v. Jackson

Supreme Court of Alabama

Strickland v. Jackson

87 So. 576, 205 Ala. 55, 1920 Ala. LEXIS 353

CourtSupreme Court of Alabama

DecidedNovember 25, 1920

Docket8 Div. 278.

StatusPublished

Cited by1 cases

This text of 87 So. 576 (Strickland v. Jackson) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Strickland v. Jackson, 87 So. 576, 205 Ala. 55, 1920 Ala. LEXIS 353 (Ala. 1920).

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Opinion

SAYRE, J.

[1-3] Appellee sued appellant, alleging that appellant had been guilty of negligence when causing his horse to serve appellee’s mare for hire, with result that the mare was injured and died. Upon appellee rested the burden of proving that the in *56 jury to his mare did result from appellant’s lack of ordinary care in managing and controlling the horse in the process of service. Jones v. Darden, 90 Ala. 372, 17 South. 923. The cause having been tried by the court without a jury, the judgment rendered is supported by all the, intendments which are indulged to sustain a judgment founded upon the verdict of a jury. Nevertheless, this court, upon due consideration, is of opinion that, not only did the appellee fail to sustain the burden of proof put upon him by the law, but that the great weight of the evidence went to prove that appellant did exercise ordinary care, and therefore that the judgment should be reversed, and a judg^ ment for defendant rendered here.

Reversed and rendered.

ANDERSON, O. J., and GARDNER and BROWN, JJ., concur.

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SAYRE, J.

[1-3] Appellee sued appellant, alleging that appellant had been guilty of negligence when causing his horse to serve appellee’s mare for hire, with result that the mare was injured and died. Upon appellee rested the burden of proving that the in *56 jury to his mare did result from appellant’s lack of ordinary care in managing and controlling the horse in the process of service. Jones v. Darden, 90 Ala. 372, 17 South. 923. The cause having been tried by the court without a jury, the judgment rendered is supported by all the, intendments which are indulged to sustain a judgment founded upon the verdict of a jury. Nevertheless, this court, upon due consideration, is of opinion that, not only did the appellee fail to sustain the burden of proof put upon him by the law, but that the great weight of the evidence went to prove that appellant did exercise ordinary care, and therefore that the judgment should be reversed, and a judg^ ment for defendant rendered here.

Reversed and rendered.

ANDERSON, O. J., and GARDNER and BROWN, JJ., concur.

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Bluebook (online)

87 So. 576, 205 Ala. 55, 1920 Ala. LEXIS 353, Counsel Stack Legal Research, https://law.counselstack.com/opinion/strickland-v-jackson-ala-1920.

Opinion

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