Alabama & Vicksburg Railway Co. v. Aetna Insurance
Mississippi Supreme Court
From the circuit court of Warren county. Hon. George Anderson, Judge. The Aetna Insurance Company, appellee, in one of the cases, was plaintiff therein in the court below; Schlenker, appellee in the other case, was the plaintiff therein in said court. The railway company, appellant in both cases, was defendant in them both in that court. From a judgment in each case in favor of the plaintiff therein, the defendant appealed to the supreme court.
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From the circuit court of Warren county. Hon. George Anderson, Judge. The Aetna Insurance Company, appellee, in one of the cases, was plaintiff therein in the court below; Schlenker, appellee in the other case, was the plaintiff therein in said court. The railway company, appellant in both cases, was defendant in them both in that court. From a judgment in each case in favor of the plaintiff therein, the defendant appealed to the supreme court. In January, 1903, somb cotton belonging to the Mayer Cotton Company and also some belonging to appellee Schlenker, was destroyed by fire. The cotton…
1Opinion of the CourtWhitfield, C. J.
These two cases are submitted together, as they depend upon the same state of facts. We do not think any of the objections made by appellant worthy of serious consideration except these two: First, that the compress company was guilty of contributory negligence in placing the cotton where it was; and, second, that it was error to have admitted testimony showing the emission of sparks just before and just after the fire in question, by other engines than the three which appellant claims must have set out the fire. In respect to the first proposition, counsel for appellant say in their brief:…
2Cases cited11 opinions
- Grand Trunk Railroad v. RichardsonSupreme Court of the United States · 1876
- Sheldon v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1856
- Field v. . N.Y.C.R.R.New York Court of Appeals · 1865
- Henry v. Southern Pacific RailroadCalifornia Supreme Court · 1875
- Webb v. . R., W. and O.R.R. Co.New York Court of Appeals · 1872
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3Cited by5 opinions
- Kress v. MarklineMississippi Supreme Court · 1917
- Wyatt v. Seaboard Air Line Railway Co.Supreme Court of North Carolina · 1911
- Kurn v. FondrenMississippi Supreme Court · 1940
- Freeman v. NathanCourt of Appeals of Texas · 1912
- Carpenter v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1936