Alabama Great Southern Railroad v. Johnston
Supreme Court of Alabama
Appeal from tlie City Court of Birmingham. Tried before tlie Hon. W. W. Wilkerson. This was an action brought by the appellee, Sirs. Mary SI. Johnston, against the Alabama Great Southern Railroad Company.
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Appeal from tlie City Court of Birmingham. Tried before tlie Hon. W. W. Wilkerson. This was an action brought by the appellee, Sirs. Mary SI. Johnston, against the Alabama Great Southern Railroad Company. The 'Complaint contained but one count, which Avas in words and figures as follows: “The plaintiff1 claims of the defendant seven thousand five hundred dollars as damages for that 'heretofore, to-wit, on the 12th day of July, .1898, defendant 'was running and operating a railroad through Tusealo'osa county, Alabama,, and was running and operating a locomotive thereon; that plaintiff owned…
1Opinion of the CourtSharpe, J.
This action is to recover on account of alleged nel'igence of defendant in causing or allowing fire to he communicated by means of a locomotive to certain premises claimed by the plaintiff. The locomotive referred to is not identified by anything in the pleadings or by any evidence introduced on the trial except by such inferences as might be drawn from circumstances not amounting to direct proof. The evidence on that subject was uncontradicted and tended to show the following facts: The fire on these premises began on the. porch of a building about forty feet from the railroad; engines had…
2Cases cited5 opinions
- Sheldon v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1856
- Louisville & Nashville Railroad v. ReeseSupreme Court of Alabama · 1888
- American Pig Iron Storage Warrant Co. v. GermanSupreme Court of Alabama · 1899
- Burger v. StateSupreme Court of Alabama · 1887
- Louisville & Nashville Railroad v. MillerSupreme Court of Alabama · 1895
3Cited by43 opinions
- Johnson v. . R. R.Supreme Court of North Carolina · 1913
- Johnson v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1913
- Parker v. NewmanSupreme Court of Alabama · 1917
- Patton v. StateSupreme Court of Alabama · 1916
- Sylvester v. StateSupreme Court of Florida · 1903
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