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90 Ala. 372

Jones v. Darden

Supreme Court of Alabama

Decided November 15, 1890

Supreme Court of Alabama · decided 1890-11-15

Tried before the Hon. James R. Dowdell. This- action .was brought by W. C. Darden against James T..

Relies on Louisville & Nashville Railroad v. Jones · South & North Alabama Railroad v. Thompson · Mobile & Montgomery Railway Co. v. Crenshaw

Good law ✅— No negative treatment on recordhow we know

Decided 1890-11-15

How this case has been cited

Cited by 4 later decisions — most recently October 1936

4 state decisions

2018901900191019201930decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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SOMERVILLE, J.

¶1The complaint seems to us to be sufficient, and not liable to the supposed defects suggested by the demurrer of the defendant. The defendant would be liable to the owner of the mare, not only for any injury resulting from the viciousnpss of the stallion, known to his owner, which was the proximate consequence of the service undertaken, but also for any injury resulting from a want of ordinary care or lack of skill on the part of the defendant, or his agent; or, in other words, any negligence on their part, in managing and controlling the stallion in the process of the service. The fact of negligence was charged in such form as that a material issue, in law or fact, could be taken thereon by the adverse party, and this is all the statute requires. — Code, 1886, § 2664; M. & M. R. R. Co. v. Crenshaw, 65 Ala. 566; L. & N. R. R. Co. v. Jones, 83 Ala. 376; S. & N. Ala. R. R. Co. v. Thompson, 62 Ala. 494.

¶2The demurrer to the complaint was properly overruled, and 'the judgment is affirmed.

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