Miller-Brent Lumber Co. v. Douglas
Supreme Court of Alabama
Appeal from Coffee Circuit Court. Heard before Hon. H. A. Pearce. Action by A. S. Douglas and another against the Miller-Brent Lumber Company, for damages to. property by fire alleged to have been set out by one of its passing locomotives, judgment for the plaintiff and defendant appeals. The evidence was not sufficient to require a submission to the jury of the question of negligence on the part of the defendant in setting out the fire. — 'Southern By.
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Appeal from Coffee Circuit Court. Heard before Hon. H. A. Pearce. Action by A. S. Douglas and another against the Miller-Brent Lumber Company, for damages to. property by fire alleged to have been set out by one of its passing locomotives, judgment for the plaintiff and defendant appeals. The evidence was not sufficient to require a submission to the jury of the question of negligence on the part of the defendant in setting out the fire. — 'Southern By. Co. v. Dickens,'49 South. 766. 33 Cyc. 1354. The evidence was sufficient for the jury to say whether or not the fire was started by the…
1Opinion of the CourtMcCLELLAN, J.
Action, by appellee against appellant, for loss of property, by fire alleged to have been negligently communicated to a depot of the Louisville & Nashville Railroad Company, where it was for shipment, by a locomotive operated by appellant over the track of the Louisville & Nashville Railroad Company.
It is settled with us, by repeated decision, that, where fire is communicated to property from an operated locomotive, the burden of proof is upon the defendant to show, prima facie, that the fire was thus communicated without negligence of the defendant in the construction, equipment, or…
2Cases cited7 opinions
- Louisville & Nashville Railroad v. ReeseSupreme Court of Alabama · 1888
- Louisville & Nashville Railroad v. MaloneSupreme Court of Alabama · 1895
- Tinney v. Central of Georgia Railway Co.Supreme Court of Alabama · 1900
- Sullivan Timber Co. v. Louisville & Nashville R. R.Supreme Court of Alabama · 1909
- Southern Railway Co. v. DickensSupreme Court of Alabama · 1909
2 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Thomas v. StateCourt of Criminal Appeals of Alabama · 1978
- Southern Ry. Co. v. DicksonSupreme Court of Alabama · 1924
- Gustine v. StateSupreme Court of Florida · 1923
- St. Louis S. F. R. Co. v. DormanSupreme Court of Alabama · 1921
- De Baca v. KahnNew Mexico Supreme Court · 1945
38 more not listed; retrieve them via the Exa API.