Louisville & Nashville R. R. v. Bouchard
Supreme Court of Alabama
Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Berney. Action by Robert E. Bouchard against the Louisville & Nashville Railroad Company for damages for setting out fire. Judgment for plaintiff, and defendant appeals. The facts sufficiently appear from the opinion of the court.
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Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Berney. Action by Robert E. Bouchard against the Louisville & Nashville Railroad Company for damages for setting out fire. Judgment for plaintiff, and defendant appeals. The facts sufficiently appear from the opinion of the court. The following charges were requested by, and refused to, defendant: (2) The court charges the jury that, if they believe from the evidence that the wind was blowing in the same direction when train No. 2 passed St. Elmo, that it was blowing when Mrs. Sailor and her daughter saw it pass Mrs. Sailor’s…
1Opinion of the CourtGardner, J.
Suit was brought by appellee against appellant to recover damages for setting fire to his residence, barn, and storehouse with contents, and also one wagon. Upon the trial the issues of fact were presented to the jury and resulted in a judgment for the plaintiff, from which this appeal is prosecuted.(1) The first question to be considered is the sufficiency of the evidence to justify a reasonable inference by the jury that the fire was in fact caused by one of the defendant’s locomotives. Plaintiff testified in part as follows : “That on and prior to the 29th day of May, 1913, he owned…
2Cases cited9 opinions
- Alabama Great Southern Railroad v. RobinsonSupreme Court of Alabama · 1913
- McCray v. SharpeSupreme Court of Alabama · 1914
- Scales v. Central Iron & Coal Co.Supreme Court of Alabama · 1911
- Coffman v. Louisville & Nashville R. R.Supreme Court of Alabama · 1913
- Deason v. Alabama Great Southern Ry. Co.Supreme Court of Alabama · 1914
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Stewart Bros. v. RansomSupreme Court of Alabama · 1917
- Central of Georgia Ry. Co. v. WilsonSupreme Court of Alabama · 1927
- McCleery v. McCleerySupreme Court of Alabama · 1917