Southern Railway Co. v. Stonewall Insurance
Supreme Court of Alabama
Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Action by the Stonewall Insurance Company against the Southern Railway Company, for damages for loss occasioned by fire alleged to have been set out by its locomotive, the Insurance Company having paid the loss, and had the claim assigned to it. Judgment for plaintiff and defendant appeals.
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Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Action by the Stonewall Insurance Company against the Southern Railway Company, for damages for loss occasioned by fire alleged to have been set out by its locomotive, the Insurance Company having paid the loss, and had the claim assigned to it. Judgment for plaintiff and defendant appeals. The basis of the suit is tort or ex delicto. — 28 A. & E. Enc. of Law, 253. Under the common law such claims are not assignable. — 2 A. & E. Enc. of Law, 1014. Certainly to tbe extent that suit thereon could not be maintained by such…
1Opinion of the CourtSomerville, J.
Appellee sued appellant for.the negligent burning in March, 1903, of a warehouse and a lot of baled cotton stored thérein by sparks thrown from one of its locomotive engines operated on a coal chute track, owned and used by appellant, along Beauregard street in the city of Mobile, near said property. It is alleged that the warehouse was the property of the Magnolia Warehouse Company, and that the cotton was in separate parts the property of some 15 or 20 persons and firms, and that, after defendant had become liable to said several owners, these several owners assigned their claim and right…
2Cases cited10 opinions
- Alabama Great Southern Railroad v. JohnstonSupreme Court of Alabama · 1900
- Louisville & Nashville Railroad v. ReeseSupreme Court of Alabama · 1888
- Louisville & Nashville Railroad v. MaloneSupreme Court of Alabama · 1895
- Alabama Great Southern Railroad v. ClarkSupreme Court of Alabama · 1902
- Louisville & Nashville Railroad v. MillerSupreme Court of Alabama · 1895
5 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Sloss-Sheffield Steel & Iron Co. v. WilkesSupreme Court of Alabama · 1936
- Federal Deposit Ins. Corp. v. ButtramDistrict Court, N.D. Alabama · 1984
- Birmingham Railway, Light & Power Co. v. Aetna Accident & Liability Co.Supreme Court of Alabama · 1913
- Crenshaw v. Alabama Freight, Inc.Supreme Court of Alabama · 1971
- Alabama G. S. R. R. v. H. Altman Co.Supreme Court of Alabama · 1914
14 more not listed; retrieve them via the Exa API.