Birmingham Ry. L. & P. Co. v. Hinton
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. A. A. Coleman. In the original case appellee sued appellant for per-' sonal injuries alleged to have been received by her while escaping from a burning house in which she was living, and it is alleged that the fire was caused by sparks emitted from an engine on defendant’s railway, which was negligently operated or was negligently allowed to b'e operated without the proper appliances for arresting the sparks, etc.
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Appeal from Jefferson Circuit Court. Heard before Hon. A. A. Coleman. In the original case appellee sued appellant for per-' sonal injuries alleged to have been received by her while escaping from a burning house in which she was living, and it is alleged that the fire was caused by sparks emitted from an engine on defendant’s railway, which was negligently operated or was negligently allowed to b'e operated without the proper appliances for arresting the sparks, etc. The defense set up, and which seems to be supported by the testimony, was that she escaped from the house and reached a place…
1Opinion of the CourtWeakley, C. J.
If the failure of the record to show an order on January 7, 1905, continuing the motion for a new trial until the 14th day of the same month, operated as a discontinuance, yet the motion was heard and decided upon the merits, without objection on the part of the appellant, so far as the bill of exceptions discloses, or without any claim or contention that the *276court Aims Avithen t authority to entertain the motion at the time it was granted. This was a Avaiver of the dis-continance, if any existed. — McCarver v. Doe, ex dem. Herzberg, 135 Ala. 542, 33 South. 486. In Ex parte Highland Ave. &…
2Cases cited3 opinions
- Ex parte Highland Avenue & Belt RailroadSupreme Court of Alabama · 1894
- McCarver v. Doe ex dem. HerzbergSupreme Court of Alabama · 1902
- Birmingham Railway, Light & Power Co. v. HintonSupreme Court of Alabama · 1904
3Cited by15 opinions
- Shipp v. SheltonSupreme Court of Alabama · 1915
- Citizens Nat. Bank v. BuckheitAlabama Court of Appeals · 1916
- Birmingham Railway Light & Power Co. v. WeathersSupreme Court of Alabama · 1909
- Greer v. HeyerSupreme Court of Alabama · 1927
- Pate v. StateSupreme Court of Alabama · 1943
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