Central R. & Banking Co. of Georgia v. Roquemore

Decision Date27 July 1892
PartiesCENTRAL RAILROAD & BANKING CO. OF GEORGIA v. ROQUEMORE.
CourtAlabama Supreme Court

Appeal from circuit court, Barbour county; J. M. CARMICHAEL, Judge.

Action by Albert Roquemore against the Central Railroad & Banking Company of Georgia for damages for negligently killing a cow. Judgment for plaintiff. Defendant appeals. Affirmed.

The testimony on the part of the plaintiff tended to show that the cow was killed at a plantation crossing several miles from Eufaula. Ala.; that the engineer never blew the whistle nor rung the bell; that the track was clear for several hundred yards from the point at which the cow was killed, and the direction from which the train was going, and that the same was straight for the distance; that there was a tank 50 or 75 yards from said crossing on the said track opposite to that from which the cow approached. The testimony for the defendant tended to show that the tank obstructed the view of the engineer so that he could not have seen, and did not see the cow until he reached the tank; that, when he saw the cow within a few feet of the track approaching it, he then immediately reversed his engine, applied the brakes, but did not stop his train, and could not stop it within that distance; that he never blew the whistle nor rung the bell because he would not have had time to apply the brakes and reverse his engine if he had blown the whistle and rung the bell. Upon the introduction of all the evidence the defendant requested the court to give the general affirmative charge in its behalf, and duly excepted to the court's refusal to give said charge. There was judgment for the plaintiff, and the defendant brings this appeal, and assigns as error the refusal of the court to give the general affirmative charge in its behalf.

Roquemore, White & McKenzie, for appellant.

S H. Dent, Jr., for appellee.

COLEMAN J.

This was an action to recover damages for the negligent killing of plaintiff's cow. The only error assigned is the refusal of the court to give the general affirmative charge for the defendant. This charge should never be given except in cases where, if the party who request the charge had demurred to the evidence, the court could have properly sustained the demurrer. Freeman v. Scurlock, 27 Ala. 411; 1 Brick Dig. p. 335. The effect of a demurrer to evidence is an admission by the party demurring of the truth of the evidence...

To continue reading

Request your trial
6 cases
  • Nashville, C. & St. L. Ry. v. Crosby
    • United States
    • Alabama Supreme Court
    • 14 Octubre 1915
    ... ... instruction." Cent. R. & B. Co. v. Roquemore, ... 96 Ala. 236, 11 So. 475; Freeman v. Scurlock, 27 ... Ala. 411; ... v. Morgan, 178 Ala. 590, 59 So. 432; ... Sherrer v. Enterprise Banking Co., 160 Ala. 329, 49 ... So. 779; Montgomery Traction Co. v. Knabe, 158 ... Postal Tel. Co., 22 ... R.I. 131, 46 A. 407; Central of Ga. Ry. Co. v ... White, 175 Ala. 60, 63, 56 South 574; Bachelder v ... 888; Cobb v. Malone, supra ... In ... Central of Georgia Ry. Co. v. White, supra, it is declared ... that where the quantum of ... ...
  • Watts v. Metropolitan Life Ins. Co.
    • United States
    • Alabama Supreme Court
    • 14 Febrero 1924
    ... ... to have waived all other grounds of forfeiture. Georgia ... Home Ins. Co. v. Allen, 128 Ala. 451, 30 So. 537; ... Fidelity-Ph ... & C. Co., 87 Ala. 305, 6 So. 196; ... Cent. R. & B. Co. v. Roquemore, 96 Ala. 236, 11 So ... 475; Sov. Camp, W. O. W., v. Burrell, 204 Ala ... ...
  • Riesterer v. Horton Land & Lumber Company
    • United States
    • Missouri Supreme Court
    • 12 Febrero 1901
    ... ... v ... McGrath, 86 Mo. 241; White v. Ins. Co., 5 Central ... Law Journal, 486; Merrill v. Town of ... Monticello, 138 U.S ... apparently conform to the national banking laws. The bank ... could never have enforced them against the Kelsey ... ...
  • Mobile Light & R. Co. v. Portiss
    • United States
    • Alabama Supreme Court
    • 11 Noviembre 1915
    ... ... v. Cox, 90 Ala. 331, 8 So. 161; Cent. R. & B. Co. v ... Roquemore, 96 Ala. 236, 11 So. 475; Curtis v ... Daughdrill, 71 Ala. 590; ... ...
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT