Sullivan Timber Co. v. Louisville & Nashville R. R.
Supreme Court of Alabama
Appeal from Mobile Circuit Court. ■Heard before Hon. Samuel B. Browne. Action by the S-ullivan Timber Company against the Louisville & Nashville Railroad Company. From the judgment, plaintiff appeals.
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Appeal from Mobile Circuit Court. ■Heard before Hon. Samuel B. Browne. Action by the S-ullivan Timber Company against the Louisville & Nashville Railroad Company. From the judgment, plaintiff appeals. The facts in this case may be found in a former report of the case under the style of Louisville & N. R. R. Go. v. Sullivan Timber Go., 138 Ala. 379, 35 South. 327. For the purpose of this opinion, it is deemed necessary to set out count 6, which is as follows: “(6) The plaintiff, for amendment to its- complaint in this cause, and as a part of each count herein set forth, avers that heretofore,…
1Opinion of the CourtMcC'LELLAN, J.
— The status, in pleading and in fact of this case, will he found accurately set down in the report of this litigation on former appeal.- — L. & N. R. R. Co. v. Sullivan Timber Co., 138 Ala. 379, 35 South. 327. The chief question argued on this appeal concerns the ruling of the court below, following the decision of this court on the other appeal, affirming the sufficiency of plea 2, against the demurrers assigned, as a defense to the sixth count of the complaint. The sixth count averred that the negligence consisted, in the negligent accumulation by the defendant, of combustible material…
2Cases cited13 opinions
- Louisville & Nashville Railroad v. ReeseSupreme Court of Alabama · 1888
- Culver v. Alabama Midland Railway Co.Supreme Court of Alabama · 1895
- First National Bank v. LelandSupreme Court of Alabama · 1898
- Allen v. Lathrop-Hatton Lumber Co.Supreme Court of Alabama · 1890
- Pritchett v. MunroeSupreme Court of Alabama · 1853
8 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Miller-Brent Lumber Co. v. DouglasSupreme Court of Alabama · 1910
- Mobile Light R. Co. v. NicholasSupreme Court of Alabama · 1936
- Southern Railway Co. v. HayesSupreme Court of Alabama · 1913
- Louisville N. R. Co. v. PhillipsSupreme Court of Alabama · 1918
- Southern Railway Co. v. SladeSupreme Court of Alabama · 1915
10 more not listed; retrieve them via the Exa API.