Deason v. Alabama Great Southern Ry. Co.
Supreme Court of Alabama
Appeal from. Tuscaloosa County Court. Heard before Hon. H. B. Foster. Action by T. S. Deason against tbe Alabama Great Southern Railroad for damages for setting out fire. From a judgment for defendant, plaintiff appeals. The residence premises of plaintiff was destroyed by fire alleged to have been caused by sparks emitted from one of defendant’s passing locomotives.
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Appeal from. Tuscaloosa County Court. Heard before Hon. H. B. Foster. Action by T. S. Deason against tbe Alabama Great Southern Railroad for damages for setting out fire. From a judgment for defendant, plaintiff appeals. The residence premises of plaintiff was destroyed by fire alleged to have been caused by sparks emitted from one of defendant’s passing locomotives. Defendant introduced no evidence, and the evidence for plaintiff showed the following facts: Plaintiff’s house was situated about 125 feet distant from the defendant’s main track. It was a two-story frame house, with two rooms…
1Opinion of the Court
SOMERVILLE, J. —
Where the plaintiff has shown that his property was burned by fire caused by sparks from a locomotive operated by the defendant railroad company, a prima facie case of negligence is thereby established, and the plaintiff may recover, unless the defendant shows itself free from negligence in the construction, equipment, or operation of its locomotive, or in the condition of its right of way, if the fire is first started there.—L. & N. R. R. Co. v. Reese, 85 Ala. 497, 5 South. 283, 7 Am. St. Rep. 66; Louisville & N. R. Co. v. Marbury Lumber Co., 125 Ala. 237, 28 South. 438, 50…
2Cases cited13 opinions
- Louisville & Nashville Railroad v. Marbury Lumber Co.Supreme Court of Alabama · 1899
- Sheldon v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1856
- Dunning v. Maine Central RailroadSupreme Judicial Court of Maine · 1897
- Louisville & Nashville Railroad v. ReeseSupreme Court of Alabama · 1888
- Henderson v. Phila. R., Pennsylvania Court of Common Pleas, Philadelphia County1891
8 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Jones v. HinesSupreme Court of Alabama · 1920
- Pettus v. Louisville N. R. Co.Supreme Court of Alabama · 1925
- Southern Railway Co. v. SladeSupreme Court of Alabama · 1915
- Alabama G. S. R. R. v. Davenport & Co.Supreme Court of Alabama · 1916
- Goodgame v. Louisville N. R. Co.Supreme Court of Alabama · 1928
5 more not listed; retrieve them via the Exa API.