The Montgomery advertiser., 1909-03-08
ATLANTA AND BIRMINGHAM A. L

ATLANTA AND BIRMINGHAM A. L..
 RY., V. BROWN.
 Damages for TreSpass by Stock on
 Account of Defective Cattle Guara,
 tDeeided December 1T. 1908 4s
 1. Pleading; separate cause of ac- tion; conjunctive allegation Where causes are contunctively alleged in the same count, different in their nature. but of the same class. both must pc proven to authorize recovery but such conjunctive allegation of different causes does not render the complaint demurrable because of combination of two different causes in one count.
 2. Railroads; operation; cattle guard demand for.-The statute re- curing the putting in of cattle guards and the keeping of the same in repair through which the railroad runs shall make demand on 1t or its agents. does not require that the landowner make the demand on the special agent who Is bound to construct the cattle guards; 1t is sufficient if demand be made upon the corporation or any of Its au- thorized agents.
 34S0, Code 1896, does not require new demand to repair cattle guards when they get out of repair. When the de- mand is made to place them 1t becomes the duty of the company to construct them and keep them in repair.
 f. Same; injuries from construction; trespass by cattle; complaint.-A com plaint in an action against railroad for trespass by stock on account of the failure to erect and maintain in good conditio ncattle guards need not spec fly which particular cattle guards are out of repair; 1t Is sufficient if 1t charges a failure to keep the cattle guards in repair.
 E. Same.-It being a matter of ev- idence that cattle guards were needed to preves the trespas of stock upon land through which the railroad ran. a complaint which alleges that such guards were necessary. need not go further and allege that. when the de- mand was made on the company to construct cattle guards that piaintin showed the company that cattle guards were necessary.
 6. Same, evidence of ownership: in- struction. Where the action was against the Atlanta and Birmingham Air Line Railway. and the proof show ed that the railroad that ran through pIaintiffs land was known as the At- ianta and Birmingham Air Line Rail- way, and assessed for taxes by that name. a prima facie case was estab- lished and defendant falling to intro- duce any evidence to the contrary. the court properly based its charge on the idea that the defendant owned the rosd.
 '. Same: measure of damages.-In an action against a railroad for in- jury to land, crops. etc. by stock tres passing thereon, on account of the fail- ure to erect and Keep in proper con- dition cattle guards the measure of damages is the value of the things de- stroyed, and not the difference fin the value of the lands before and after de- struction.
 8. Trespass; Injury to land: meas ure of damages. The general rule for the measure of damages in actions for trespass to laryi itself Is the difference in the value of land before and after the trespass.
 9. Damages; injury to land: negli- gence; measure of damages In an action for negligence resulting in i'm jury to, lands and crops the recovery of damages is limited to the value of the things destroyed, provided such things have a value which can be as- certained without referencef to the soil and not the difference in the value of the land before and after such destruc- ton.