Ala. Great Southern R.R. v. Smith
Cases that cite this one
2 later published cases cite this decision.
- Louisville & Nashville Railroad v. Marbury Lumber Co. (Ala. 1899)
- Geo. Pacific Railway Co. v. Hughes (Ala. 1888)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
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.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.