Louisville & Nashville R. R. v. Stanley
Supreme Court of Alabama
Appeal from Chilton Circuit Court. Heard before Hon. W. W. Pearson. - Action by J. J. Stanley against the Louisville & Nashville Railroad Company and others for setting fire to and destroying plaintiff’s ginning plant. Prom a judgment for plaintiff, defendant named appeals.
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Appeal from Chilton Circuit Court. Heard before Hon. W. W. Pearson. - Action by J. J. Stanley against the Louisville & Nashville Railroad Company and others for setting fire to and destroying plaintiff’s ginning plant. Prom a judgment for plaintiff, defendant named appeals. The original complaint alleged that the North & South Alabama Railway Company owned a railroad which was leased to the Louisville & Nashville Railroad Company, and that the Louisville & Nashvill Railroad Company were operating trains of cars and engines over said railroad track. The complaint was afterwards amended,…
1Opinion of the Court
ANDERSON, C. J. —
Count 3 of the complaint was not subject to the defendant’s demurrer. While it avers *98that the ginning plant was set fire to by sparks from a locomotive on defendant’s track, and does not aver that the locomotive was owned or operated by the defendant, the said count further avers that said plant was negligently set fire to and destroyed by the defendant, and which, of course, charges the defendant with responsibility for the instrumentality causing the fire.
The suit was against.this defendant jointly with the North & South Railroad, but the said North & South Railroad was…
2Cases cited4 opinions
- Louisville & Nashville Railroad v. Marbury Lumber Co.Supreme Court of Alabama · 1899
- Alabama Great Southern Railroad v. JohnstonSupreme Court of Alabama · 1900
- Moore v. Nashville, Chattanooga & St. Louis RailwaySupreme Court of Alabama · 1902
- Farley v. Mobile & Ohio R. R.Supreme Court of Alabama · 1907
3Cited by10 opinions
- Smith v. S. H. Kress & Co.Supreme Court of Alabama · 1923
- Southern Railway Co. v. SladeSupreme Court of Alabama · 1915
- Alabama G. S. R. R. v. Davenport & Co.Supreme Court of Alabama · 1916
- Askew v. StateAlabama Court of Appeals · 1912
- Central of Georgia Ry. Co. v. WilsonSupreme Court of Alabama · 1927
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