Farley v. Mobile & Ohio R. R.
Supreme Court of Alabama
Appeal fi'om Tuscaloosa County Court. Hoard before Hon. H. B. Foster. Action by Charles F. Farley and others against the Mobile & Ohio Railroad Company. Judgment for defendant, plaintiffs appeal. This was an action for the recovery of $180' damages for destruction by fire of 18 tons of hay alleged to have been caused by sparks emitted from one of defendant’s engines. The defendant interposed the plea of the general issue.
Read the full summary
Appeal fi'om Tuscaloosa County Court. Hoard before Hon. H. B. Foster. Action by Charles F. Farley and others against the Mobile & Ohio Railroad Company. Judgment for defendant, plaintiffs appeal. This was an action for the recovery of $180' damages for destruction by fire of 18 tons of hay alleged to have been caused by sparks emitted from one of defendant’s engines. The defendant interposed the plea of the general issue. The evidence tended to show that the hay was in a field in shocks or licks near the defendant’s right of way, and was burned. The evidence tended to show that the grass was…
1Opinion of the Court
DOWDELL, J. —
The plaintiffs, introduced evidence of facts from which it was open to the jury to reasonably infer that the fire which destroyed plaintiff’s prop*559erty originated from sparks emitted fronl a passing locomotive of the defendant company and falling into the dry grass and stuhble near the riglit of way of the railroad from whence the fire was communicated to the ricks of hay in question. There was no positive or direct proof of any act of negligence on the part of the 'defendant or its servants; the same being only inferential. The evidence, however, was sufficient under the…
2Cases cited4 opinions
- Louisville & Nashville Railroad v. Marbury Lumber Co.Supreme Court of Alabama · 1899
- Louisville & Nashville Railroad v. ReeseSupreme Court of Alabama · 1888
- Louisville & Nashville Railroad v. MaloneSupreme Court of Alabama · 1895
- Koch v. StateSupreme Court of Alabama · 1896
3Cited by13 opinions
- Lawson v. Mobile Electric Co.Supreme Court of Alabama · 1920
- Cruse-Crawford Mfg. Co. v. RuckerSupreme Court of Alabama · 1929
- McCary v. Ala. Gt. South. R. R.Supreme Court of Alabama · 1913
- Southern Railway Co. v. SladeSupreme Court of Alabama · 1915
- Alabama G. S. R. R. v. Davenport & Co.Supreme Court of Alabama · 1916
8 more not listed; retrieve them via the Exa API.