Wilson Bros. v. Mobile O. R. Co.
Supreme Court of Alabama
Appeal from Circuit Court, Chilton County; B. K. McMorris, Judge. Action by Wilson Bros, against the Mobile & Ohio Railroad Company for damages for destruction of property by fire. Judgment for the defendant, and plaintiffs appeal. The court erred in the charges given for the defendant. 195 Ala. 368, 70 South. 674; 182 Ala. 577, 62 South. 199; 85 Ala. 502, 5 South. 283, 7 Am.
Read the full summary
Appeal from Circuit Court, Chilton County; B. K. McMorris, Judge. Action by Wilson Bros, against the Mobile & Ohio Railroad Company for damages for destruction of property by fire. Judgment for the defendant, and plaintiffs appeal. The court erred in the charges given for the defendant. 195 Ala. 368, 70 South. 674; 182 Ala. 577, 62 South. 199; 85 Ala. 502, 5 South. 283, 7 Am. St. Rep. 66; 109 Ala. 509, 20 South. 33; 125 Ala. 237, 28 South. 438, 50 L. R. A. 620; 196 Ala. 683, 72 South. 311; 165 Ala. 411, 51 South. 871, 138 Am. St. Rep. 73; 141 Ala. 575, 37 South. 919; 194 Ala. 331, 70 South.…
1Opinion of the CourtMiller, J.
J. P. and E. D. Wilson, iiart-ners under the firm name of Wilson Bros., sue the Mobile & Ohio Railroad Company for damages, averring that defendant negligently set fire to and destroyed,- by sparks from its engine, a warehouse, millhouse, shop, and lot of hay, the property of plaintiffs. ,
The defendant pleaded the general issue. The jury found the issue in favor of the defendant. There was judgment thereon by the court, and from this the plaintiffs appeal.
The evidence of the plaintiffs tended to prove that the property described in the complaint belonged to them and its value, and that it was…
2Cases cited9 opinions
- Louisville & Nashville Railroad v. ReeseSupreme Court of Alabama · 1888
- Alabama Great Southern Railroad v. Loveman Compress Co.Supreme Court of Alabama · 1916
- Birmingham Mineral Railroad v. SmithSupreme Court of Alabama · 1889
- Alabama G. S. R. R. v. Davenport & Co.Supreme Court of Alabama · 1916
- Louisville & Nashville Railroad v. SherrillSupreme Court of Alabama · 1907
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Southern Ry. Co. v. GanttSupreme Court of Alabama · 1923
- Pettus v. Louisville N. R. Co.Supreme Court of Alabama · 1925
- Harrison v. Mobile Light R. Co.Supreme Court of Alabama · 1936
- Tharp v. JohnsonSupreme Court of Alabama · 1929
- Wilson Bros. v. Mobile O. R. Co.Supreme Court of Alabama · 1922
5 more not listed; retrieve them via the Exa API.