The Montgomery advertiser., 1909-04-02
Headaches of Decisions
Alabama Supreme Court

SOUTHERN HARDWARE & SUPPLY
co. v. STANDARD EQUIPMENT CO.
Damages for Injury to Animal by Run
away Team.-(Decided Dec. II.
1908 Rehearing denied Jan. IL.
1905 South. 357.)
/. Trial; instruction: invading jury's
province.--Whether the ordinance had
been violated or not being a question
for the jury. IL was error for the court
to assume 1t in instructing the jury.
that the defendants wagon was left
unattended. and that the driver was
negligent. even conceeding that vio-
lation of hesordtnance would be neg
liRence per Sc.
2. Municipal corporations; use of
street: violation of ordinance; leaving
team unattended In Sstreet.-where q
team was attended by It's driver. who
was loading the wagon. the fact that
nobody was actually holding the team,
would not amount to a violation of the
city ordinance forbiddfns the leaving
OF horse, etc, unattended in the
street: since the word leaving" as
used In the ordinance means to desert.
to abandon. to forsake. to give up. to
relinquish.' III
3. Same: negIigence.@-slmply because
the driver was not holding the bride
,or lines he could notbe said to be neg
ligent per Sc. regardless of the ordi-
nance. ...@.,. .~,-c,s
a. Same: instructions.-where the
action was for the value of an animal
killed by collision with runaway
team in the street, and the defense was
that the pIaintiff allowed the animal
to stand in the street unattended. in
violation of an ordinance. and that
this negligence proximately contributed
to the loss of the animal, charge
that II the plaintiffs animal was left
in the street unattended and unhitched,
and If the injury would have been
averted had there been an ordinarily
prudent attendant, then the injury
would have been due to plaintiffs neg
ligence, is a correct statement of law,
as the facts hypothesized correspond
with those pleaded.
s. Damages: destruction OF personal
property; measure.-The general rule
for the meaAnre of damages for per-
sonal property destroyed or rendered
valueless, Is the value of the property
at the time of the injury. with interest.
6. Same: elements: expenses incurred.
If an animal Is not SO seriously in
tured as to indicate that its recovery
il Improbable the owner owes the du-
tv to the person injuring 1t to resort
to all prudent means to save the ami
NAL, and reduce the damages: hence,
the owner can recover the expenses
reasonably Incurred to that end in
addition to the animals value, If II
subsequently dies as a proximate re-
suit of the injury.
Appeal from Mobile Law and Equity
Court.
Heard before Hon. SaffoId Berney.
Reversed and remanded. Opinion by
Anderson, J.
! Tyson. c. J.. Simpson and benson,
H.. concur. A
CLARK, et al. v. BIRD.
Bill for Specific Performance. and to
Enjoin Observation-Disclosures Dec
II, 1908. Rehearlng denied Feb. 5,
1909. IS South. 259.)
/. Specific performance; contracts en-
forceable: bond for sale OF homestead
not signed by wife.-A bond for title
given by the husband for conveyance
Of part of his, homestead, not signed
and separately acknowledged by the
wife as required by section 4i61. Code
1907, is void as an obligation to convey
and its specific performance cannot be