De Bardeleben v. Sellers
Alabama Court of Appeals
Appeal from Circuit Court, Elmore County ; A. B. Foster, Judge. Action by Mrs. Martha Sellers against E. L. De Bardeleben for damages for destruction of her cotton by fire. Judgment for plaintiff, and defendant appeals. The pleadings sufficiently appear from the opinion.
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Appeal from Circuit Court, Elmore County ; A. B. Foster, Judge. Action by Mrs. Martha Sellers against E. L. De Bardeleben for damages for destruction of her cotton by fire. Judgment for plaintiff, and defendant appeals. The pleadings sufficiently appear from the opinion. It seems from the evidence Mrs. Sellers'had 17 bales of cotton stored in a warehouse just across the street from the De Bardeleben residence; - that the residence burned, and the fire was communicated to the warehouse, destroying the cotton. There was evidence tending to show a conspiracy between one Jowers and De Bardeleben…
1Opinion of the CourtMerritt, J.
Appellee sued appellant to recover damages for destruction and loss of 17 bales of cotton. The loss or destruction is alleged to have been caused by the burning of the cotton; allegations being that the defendant willfully, intentionally, or negligently burned or destroyed cotton of plaintiff to her damage in the sum of $1,000.
The complaint consisted of seven counts, each claiming damage for the loss of the same cotton, each varying slightly in form and substance from the others. Some charge the burning on the part of defendant to have been willfully and intentionally, and some that it was…
2Cases cited2 opinions
- Ferguson v. StateSupreme Court of Alabama · 1907
- Harmon v. StateSupreme Court of Alabama · 1910
3Cited by3 opinions
- Tidmore v. MillsAlabama Court of Appeals · 1947
- Aplin v. StateAlabama Court of Appeals · 1924
- Walker v. BaileyAlabama Court of Appeals · 1947