Louisville & Nashville Railroad v. Scruggs & Echols
Supreme Court of Alabama
Appeal from Morgan Circuit- Court. Heard before Hon. D. W. Speake. Action by Scruggs & Echols against the Louisville & Nashville Railroad Company, for damages resulting from the burning of a building alleged to have been caused from the fact that one of the company’s freight trains was stopped in such a position that.the fire department could not get water from a hydrant to the building. Judgment- for plaintiff and defendant appeals.
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Appeal from Morgan Circuit- Court. Heard before Hon. D. W. Speake. Action by Scruggs & Echols against the Louisville & Nashville Railroad Company, for damages resulting from the burning of a building alleged to have been caused from the fact that one of the company’s freight trains was stopped in such a position that.the fire department could not get water from a hydrant to the building. Judgment- for plaintiff and defendant appeals. Where it cannot be shown with reasonable certainty that the damages resulted from the defendant’s acts there can be no recovery. — 1 Ency of Law, 614; Cooley on…
1Opinion of the CourtDowdell, C. J.
This case was tried by the court without the intervention of a jury, and judgment was rendered for the plaintiffs. From this judgment the defendant appeals, and here assigns its rendition as error.
But one question is argued and presented for our consideration, and that is whether there was a duty owing from the defendant to the plaintiffs, under the facts, for a violation of which the plaintiffs have a cause of action. There is no- pretense that the defendant was in any way connected with the origin of the fire which destroyed the plaintiff’s property. The undisputed evidence is that, when…
2Cases cited1 opinion
- American Sheet & Tin Plate Co. v. Pittsburgh & L. E. R.Court of Appeals for the Third Circuit · 1906
3Cited by7 opinions
- Sloss-Sheffield Steel & Iron Co. v. GreekSupreme Court of Alabama · 1924
- Griffin v. HardinCourt of Civil Appeals of Alabama · 1984
- Birmingham, Ensley & Bessemer R. R. v. WilliamsSupreme Court of Alabama · 1914
- Kyzer v. Kaul Lumber Co.Supreme Court of Alabama · 1917
- Louisville N. R. Co. v. DuncanAlabama Court of Appeals · 1918
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