McCary v. Ala. Gt. South. R. R.
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. C. C. Nesmith. Action by J. H. McCary, doing business, etc., against the Alabama' Great Southern Railroad Company for damages for setting fire to his property. Judgment for defendant, and plaintiff appeals. The facts sufficiently appear in the opinion.
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Appeal from Birmingham City Court. Heard before Hon. C. C. Nesmith. Action by J. H. McCary, doing business, etc., against the Alabama' Great Southern Railroad Company for damages for setting fire to his property. Judgment for defendant, and plaintiff appeals. The facts sufficiently appear in the opinion. Plea 3 is as follows: “That the injury complained of would not have happened but for the negligence of the agents or servants of the plaintiff acting within the line and scope of their authority, which proximately contributed thereto, and which said proximately contributory negligence…
1Opinion of the Court
de GRAFFENRIED, J.
The plaintiff, J. H. McCary, had a manufacturing plant which was destroyed by fire. The plant was situated near the tracks of the defendant, the Alabama Great Southern Railroad Company. The fire occurred after 1 o’clock a. m. of November 12, 1908, and before 4 o’clock a. m. of that day. The plaintiff, being of the opinion that his plant was set fire to by sparks emitted from a passing locomotive of the defendant and that the sparks were emitted bjr the locomotive either on account of its improper construction or equipment or on account of the negligent manner in which it…
2Cases cited10 opinions
- Louisville & Nashville Railroad v. Marbury Lumber Co.Supreme Court of Alabama · 1899
- Cassells' Mill v. Strater Bros. Grain Co.Supreme Court of Alabama · 1909
- Alabama Great Southern Railroad v. TaylorSupreme Court of Alabama · 1900
- Birmingham Railway L. & P. Co. v. HintonSupreme Court of Alabama · 1908
- Alabama Great Southern Ry. Co. v. SandersSupreme Court of Alabama · 1906
5 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Olson v. TruaxSupreme Court of Iowa · 1959
- Talley v. WhitlockSupreme Court of Alabama · 1916
- Howton v. MathiasSupreme Court of Alabama · 1916
- Alabama Great Southern Railroad v. Loveman Compress Co.Supreme Court of Alabama · 1916
- Roll v. DockerySupreme Court of Alabama · 1929
10 more not listed; retrieve them via the Exa API.