Ala. Great Southern R.R. v. Smith
Supreme Court of Alabama
Ala. Great Southern R.R. v. Smith, 85 Ala. 208 (Ala. 1887)
Stone
Ala. Great Southern R.R. v. Smith
Opinion of the Court
The testimony of the engineer was to the effect, that the cow sprang on the track about fifty yards ahead of the train; that the animal was not, and could not be seen, before that time; and that when discovered, all the appliances known to skillful engineers could not have stopped the train in time to save the cow. If this be believed, it was a complete defense to the action. Charge number 2, given
Beversed and remanded.
Reference
- Full Case Name
- Ala. Great Southern R.R. Co. v. Smith
- Cited By
- 2 cases
- Status
- Published