Legal Opinion

Louisville N. R. Co. v. Duncan

Alabama Court of Appeals

Decided May 7, 1918No. 6 Div. 380PublishedCited by 4 opinions

Appeal from City Court of Bessemer; J. C. B. Gwin, Judge. Action by W. M. Duncan against tbe Louisville & Nashville Railroad Company. Judgment for plaintiff, and defendant appeals. The following charges were refused to defendant: (7) If you believe the evidence in this case, you cannot award plaintiff any damages for the loss of the matting destroyed by fire.. (8) Same as 7, except- it refers to two art squares. (9) ¡Same as 7 except that it refers to a sewing machine.

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Appeal from City Court of Bessemer; J. C. B. Gwin, Judge. Action by W. M. Duncan against tbe Louisville & Nashville Railroad Company. Judgment for plaintiff, and defendant appeals. The following charges were refused to defendant: (7) If you believe the evidence in this case, you cannot award plaintiff any damages for the loss of the matting destroyed by fire.. (8) Same as 7, except- it refers to two art squares. (9) ¡Same as 7 except that it refers to a sewing machine. The action is for damages resulting from the burning of certain household goods alleged to have been caused from the fact…

1Opinion of the CourtSamford, J.

[1,2] The evidence for plaintiff tended to show that he was the owner of certain personal property contained in his residence in the city of Bessemer, Ala.; that the house next to the house in which he lived caught afire; that the alarm was turned in to the city fire department; that the department responded promptly; that the fire truck was a motor truck, which ran very rapidly; that within a few blocks of the house the fire truck was forced to cross the tracks of the defendant at a regular street crossing; that at this crossing the fire truck was stopped by a freight train that had just…

2Cases cited7 opinions

  1. Armstrong v. Montgomery Street Railway Co.Supreme Court of Alabama · 1898
  2. Louisville & Nashville Railroad v. Marbury Lumber Co.Supreme Court of Alabama · 1899
  3. Montgomery Gas-Light Co. v. Montgomery & Eufaula Railway Co.Supreme Court of Alabama · 1888
  4. Southern Railway Co. v. CrawfordSupreme Court of Alabama · 1909
  5. American Sheet & Tin Plate Co. v. Pittsburgh & L. E. R.Court of Appeals for the Third Circuit · 1906

2 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Shippers Pre-Cooling Service v. MacKsCourt of Appeals for the Fifth Circuit · 1950
  2. Sloss-Sheffield Steel & Iron Co. v. GreekSupreme Court of Alabama · 1924
  3. Shippers Pre-Cooling Service v. MacKsCourt of Appeals for the Fifth Circuit · 1950
  4. State v. LetellierSupreme Court of Louisiana · 1921

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